IHC judges concerned over reports of ‘transferred judge’ being appointed as CJ
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ISLAMABAD: Seven judges of the Islamabad High Court (IHC) have expressed concern over recent media reports that a transfer judge in a letter to the Supreme Court and the Chief Justice of the Supreme Court on the top seat of the IHC. Has been appointed.
“We have been writing in view of the widespread news reports by the Judges Media under the Islamabad High Court, which has been addressed by the associations more than once, that the Lahore High Court’s justice is Islam. The IHC judges wrote.
The letter comes when the current Chief Justice Aamir Farooq is being considered in the Supreme Court. The Judicial Commission of Pakistan (JCP), received on February 10, will elect eight judges from five high courts.
Traditionally, a senior Poice Judge of a High Court is appointed as Chief Justice. However, the JCP introduced new rules to ignore the standard of sanity after the implementation of the 26th Amendment last year.
The Judicial Commission suggested that the Chief Justice of the High Court could be appointed from the panel of five senior judges.
In the letter, the IHC judges noted that there was also information that a proposal to transfer another judge from the Sindh High Court to the IHC could be considered.
The letter states that the transfer process from one High Court to another is administered by Article 200 of the Constitution, which provides under sub -clause (1), that “[1]He can transfer the President of the High Court from one High Court to another, “but only after consulting the Chief Justice of Pakistan and Chief Justice of both the High Courts”.
“Any transfer, such as being reported, is only being reported, only the President’s Chief Justice of Pakistan and the concerned Chief Justice of both, the court, the court from where the judge is being transferred, and can only be done after consulting the judge’s court. The transfer is being made, “it is said.
Referring to the Al -Jihad case, IHC judges said that this process of advice, as attached by the Supreme Court, is essential that it is “effective, meaningful, purpose, consensus. Based, there is no room for mediation or unfair game complaints. ” .
The judges urged CJP Yahya Afridi not to advise such a transfer, and, saying that the purpose of transfer from the Lahore High Court, as is being reported, is that the transfer is to the judge as chief. To consider Islamabad High Court Justice
“This cannot be only under the constitution. To serve in a new High Court, the transfer judge will need to take a new oath under Article 194 of the Constitution. The purpose of serving in the Islamabad High Court, “says in the letter.
“The transfer of such a permanent judge to the Islamabad High Court will be against the spirit of the Constitution, which will be harmful to the independence of the judiciary, seize judicial principles, and completely invalid. To be, “concluded.
Earlier, Islamabad lawyers came out against the appointment of IHC Chief Justice from another High Court. He has demanded that no judge besides the judges of the Islamabad High Court should be made the IHC Chief Justice.
President Islamabad High Court Bar Association Riazat Ali Azad and President Islamabad Bar Association Naeem Ali Gujjar issued a joint statement from both bars, warning authorities that anyone other than IHC judges. The judge should not be appointed Chief Justice. If the High Court did not meet the demands of the lawyers, he also pointed to a nationwide protest.
