ISLAMABAD: Justice Shahid Bilal Hassan questioned why the Islamabad High Court Bar Association has withdrawn its petition regarding the judges transfer case.
Justice Bilal, addressing Hamid Khan, counsel of Lahore High Court Bar Association (LHCBA) and the Lahore Bar Association (LBA), said national politics has entered the bars. He asked the lawyer that it has been in his knowledge that both the petitioners (LHCBA and LBA) are being represented by the same political party of that you are one of the senators.
Justice Bilal said when he was the bar member at time bar kept them aloof from the national politics, but now the political parties have penetrated in the bars and its elected representatives follow the party policies, which is not good for the system.
SC constitutes benches for Lahore registry
A five-member SC Constitutional Bench, headed by Justice Muhammad Ali Mazhar, on Thursday, heard the petitions of Islamabad High Court (IHC)’s five judges, Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan, and Karachi and LHCBA and LBA.
Munir A Malik, counsel for five judges of Islamabad High Court, completed his submission, and now Hamid Khan is arguing on behalf of the LHCBA and the LBA.
During the proceeding, Munir argued that composition of Judicial Commission of Pakistan (JCP) is different for the appointment of judges for the IHC and other High Courts. He said besides the composition of JCP, the oath and jurisdiction of IHC are also different from other High Courts.
However, Justice Mazhar, dismissing his argument, remarked that there is no much difference of JCP composition for the appointment of judges for IHC and provincial High Courts. He said that in Article 200 of the constitution there is no mention of fresh oath for the transferred judges. He asked Munir that sub-section 2 of Article 200 is separate from sub-section 1 of the said article, and it should be read independently.
Munir said that a judge who is at No16 of seniority list in his parent High Court became the senior puisne in the IHC, so that he may become chief justice of that high court. He asked the bench that in the instant matter take the guidance from the Civil Servant law.
Justice Mazhar responded that seniority issue has mentioned in the civil servants law, adding the civil servants do not have choice as it is written in their terms and conditions that they could be transferred to any part of the country.
Hamid Khan contended that the bar associations are deeply concerned what is happening with the judicial institutions. He said in the instant matter gross mala fide in facts and law has been committed.
He cited the IHC judges’ letters, written to ex-CJ IHC Aamer Farooq and the Chief Justice of Pakistan and the reports of provincial High Courts, filed in suo motu case. The case was adjourned until Monday (May 19).
Copyright Business Recorder, 2025
Comments
Comments are closed for this article.