SC resumes hearing on ‘judges’ transfer and seniority’ case

ISLAMABAD: The Constitutional Bench of the Supreme Court resumed hearing on petitions regarding transfers of judges of Islamabad High Court (IHC) and its impact on seniority of judges.

The five-member constitutional bench headed by Justice Muhammad Ali Mazhar is hearing on the petitions.

In the previous hearing, notices were issued to the three IHC judges. Justice Mazhar inquired about their appointed councils in today’s hearing. However, the bench was informed that the three IHC judges have decided not to appoint a lawyer in this case.

“I have received a message from the three judges,” Attorney General of Pakistan (AGP) Mansoor Usman Awan said, adding, “Justice Sarfaraz Dogar, Justice Khadim Soomro and Justice Muhammad Asif are not appointing lawyers.”

The AGP said, “The judges said that whatever decision the bench takes, they will accept it.” He also informed the bench that the IHC’s permanent chief justice is also not being appointed, and neither is this appointment including on the agenda of the Judicial Commission of Pakistan (JCP).

Seniority, transfer case: constitutional bench issues notices to judges, attorney general

AGP Awan said that the JCP is informed 14 days in advance for the appointment of a permanent chief justice. “Currently, the IHC Chief Justice is not being appointed,” he said, adding, “The issue of the chief justices of Peshawar High Court (PHC) and Balochistan High Court (BHC) will be under consideration in the JCP meeting.”

Justice Mazhar said that the bench will continue to hold daily hearings on this matter, starting coming Tuesday.

The decision of Khyber Pakhtunkhwa government to defend the position of five IHC judges was also noted during the hearing. “Has any provincial government submitted a written response?” Justice Mazhar inquired. To this the Additional Advocate General said that the IHC judges support the constitutional petition of the judges.

The bench asked if a response has been submitted in this regard, to which the Khyber Pakhtunkhwa Additional Advocate General responded, “We have yet to submit a response”.

Justice Mazhar said that in today’s hearing, only the parties that have received notices were heard, but “We will not take much time to decide. We want to hear you.”

Lawyer Munir A Malik said that the federal government has submitted a written response, which does not include the statement of consent of the transferred judges. “The statements of consent of the Chief Justice of Pakistan, the President, and the Chief Justice concerned have also not been submitted,” he added.

“If it is not a controversial matter, then you should submit the statements of consent,” Justice Mazhar remarked, to which AGP Awan said that the government will submit those letters.

Justice Naeem Akhtar Afghan said, “We want to see from where this matter started.”

Afterwards, the hearing on petitions related to transfers of IHC judges and seniority was adjourned till April 22.