Karachi Bar Association challenges judges’ transfer in SC

WEB DESK: The Karachi Bar Association has filed a petition under Article 184(3) in the Supreme Court (SC) against the transfer of judges to the Islamabad High Court.

The petition argued that the Constitution does not grant the President unlimited authority over judicial transfers, and that the move is contrary to judicial independence and the principle of separation of powers. The petition also states that Article 200(1) should be interpreted in conjunction with Article 175A.

Filed through Advocate Faisal Siddiqui, the petition names the President of Pakistan, the federal government, and the Supreme Court registrar as respondents, along with the registrars of the Lahore, Islamabad, Sindh, and Balochistan High Courts. The transferred judges and affected judges are also listed as parties in the case.

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It further stresses that the notification of judges’ transfer is unconstitutional and unlawful, and the transfer of judges fails to demonstrate any public interest.

“The transferred judges cannot be considered judges of the Islamabad High Court without retaking the oath and the Supreme Court should nullify the transfer notification,” the petition reads.

It also seeks to overturn former Chief Justice Aamer Farooq’s intra-court departmental representation decision and challenges the revised seniority list of IHC judges as unconstitutional. Lastly, it calls for the annulment of the notification regarding the appointment of the acting Chief Justice of the IHC.