‘Judges’ transfer issue will be resolved once IHC seniority dispute is settled’

ISLAMABAD: The Supreme Court was asked that once the issue of seniority is decided in favour of Islamabad High Court (IHC) then the judges’ transfer case will be resolved by itself.

A five-member SC Constitutional Bench, headed by Justice Muhammad Ali Mazhar, on Wednesday, heard the petitions of IHC five judges, Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan, and Karachi and Lahore Bar Associations.

Faisal Siddiqui, appearing on behalf of Karachi Bar Association, argued that the matter before the bench is sensitive, and can be solved through two ways. Firstly, interpreting the constitution in view of independence of judiciary, but here judges are versus judges, and secondly, enhance the comity of judges and reduce the conflict among them.

He submitted that none of the chief justices of the High Courts were consulted before the initiation of process for the transfer of judges, while chief justice of Pakistan was never told about the seniority issue. He contended this is not only malice of fact, but the malice of fact as well. The CJP has no power to determine the seniority and the fresh oath of judges transferred from provincial High Courts to the IHC.

At the outset of the hearing, advocate Idrees Ashraf, representing founder chairman PTI Imran Khan and a lawyer, argued that the transfer under Article 200 of the constitution is temporary and not permanent. He said earlier there were provisions in 1973 Constitution that the judges will be transferred from one High Court to another for one to two years. However, after 18th Amendment this provision has been excluded from the constitution.

During the proceeding, Justice Shahid Bilal Hassan, addressing Idrees, said you have filed two petitions, one on behalf of the PTI chairman and other by a lawyer. He then asked the counsel to read para 4 of the PTI petition.

According to the para; “The Judges of the Islamabad High Court are also being punished because they decided the false cases on merits registered and filed against the petitioner (Imran Khan), without ‘fear or favour’. Moreover, the ex-Chief Justice of the Islamabad High Court (Justice Aamir Farooq and now rewarded by elevating him to the supreme court) was repeatedly asked to recuse himself from the petitioner’s cases but he refused to do so and when the Judges of the Islamabad High Court made a representation to the ex-Chief Justice of the IHC, however, the same was dismissed forthwith and a fresh seniority list was issued whereas, the senior puisne judge was demoted from his position and a freshly transferred judge was put into the senior most position.”

Copyright Business Recorder, 2025