Judges’ appointments in Islamabad: Consultation with judiciary mandatory, rules IHC

ISLAMABAD: The Islamabad High Court (IHC) has ruled that consultation with the judiciary by the executive is mandatory for the appointment of judges in Islamabad.

In a judgment, IHC judge Justice Babar Sattar said the conditions of service for judges will include independent, impartial, and free exercise of powers without external pressure.

Justice Babar Sattar stated that in his detailed 73-page judgment which he issued in a petition of Ammar Sehri, who is a member of the Islamabad High Court Bar Association (IHCBA) and a practicing lawyer, who has sought enforcement of Section 6 of the IHC Act in letter and spirit and has prayed for the issuance of a writ directing the respondents to constitute the courts and tribunals within IHC in light of Section 6 of the IHC Act, while adhering to the directions that form part of National Judicial Policy, 2009 (NJP), issued by the National Judicial Policy Making Committee (NJPMC) and ensure that the courts and tribunals dispensing judicial functions in the ICT do not comprise judicial officers appointed on an ad hoc basis and are staffed by judicial officers in consultation with the IHC.

Justice Babar Sattar stated; “The Federal Government shall not make any appointment to an office that entails exercise of judicial power and discharge of judicial functions within the ICT, under any law for the time being in force, except through a decision-making process wherein the judiciary has primacy over the process and any consultation between the executive and the judiciary for purposes of making such appointments complies with the test laid down by the Supreme Court in Al-Jehad Trust and upholds the requirement of Article 203 of the Constitution that the judiciary has supervision and control over such process. The same direction would apply to any transfer or removal of such official from the post prior to the expiry of the period prescribed by law or prescribed in the notification of the appointment to such office.”

“The terms and conditions of service of an official exercising judicial powers and discharging judicial functions shall be such that the official is able to exercise adjudicatory authority independently and impartially without being influenced by any other person or authority. The terms and conditions of service shall neither be amended to the disadvantage of the official discharging judicial functions nor shall administrative authority be exercised in relation to such official in a manner that interferes with his or her exercise of judicial authority,” declared the judge.

He also said that in relation to appointment and removal of officials exercising judicial authority, the Federal Government shall exercise the powers of appointment and transfer/removal in consultation with the IHC in a case where such judicial function is being discharged exclusively within ICT, and in consultation with the Supreme Court where such judicial function is partly being discharged in ICT and partly beyond the territorial jurisdiction of IHC.

Justice Sattar wrote that legal literature projects that the hardened totalitarianism of the 20th Century may be a thing of the past and has been replaced by Autocratic Legalism that undermines both democracy and constitutionalism.

He said it is noteworthy that appointment by transfer is not provided as a method of appointment in the Islamabad Judicial Service under the IHC Act or the Judicial Service Rules. Consequently, the question of appointment on a deputation basis, which is a temporary appointment through transfer, and/or absorption of deputationists appointed in exercise of authority under Rule 9 of the Judicial Service Rules, has no basis in law (i.e. the IHC Act and the Judicial Service Rules).

Justice Babar maintained that Rules 9 and 30(3) of the Judicial Service Rules, therefore, have to be read down and cannot be employed by IHC to continue to fill posts in the Islamabad Judicial Service on a deputation basis. To the extent that posts have presently been filled on a deputation basis, it is for the IHC to take appropriate steps to give effect to Section 6 of the IHC Act, and establish and supervise the Islamabad Judicial Service such that its members have security of tenure and that such Judiciary does not comprise those serving on a temporary basis who and consequently do not effectively fall within the supervision and control of the IHC.

Copyright Business Recorder, 2025