Supreme Court Rules on Transfer of IHC Judges

Comments · 10 Views

Says transfer of judges not unconstitutional; Justices Naeem Afghan and Shakeel Ahmad dissent.

The Supreme Court's Constitutional Bench recently delivered its verdict on the transfer of Islamabad High Court (IHC) judges, stating that the transfers were not unconstitutional. This decision came after petitions were filed by five IHC judges, the Karachi Bar Association, and the IHC Bar Association, among others.

In February, three judges from different high courts were transferred to the IHC, sparking controversy over the alteration of the seniority list. This led to the appointment of Justice Sardar Mohammad Sarfraz Dogar as the acting IHC chief justice.

The judgement, delivered in a 3-2 majority ruling, emphasized that the president's power to transfer judges under Article 200 of the Constitution is not a new appointment. The decision highlighted the structured process that must be followed, ensuring the judiciary's independence.

The order remanded the matter to the president to determine the seniority and nature of posting of the transferred judges. Until then, Justice Dogar will continue as the acting chief justice of the IHC.

However, Justice Naeem Akhter Afghan dissented, declaring the transfer of judges null and void. He criticized the process, stating that it violated constitutional articles and undermined judicial independence.



Source: Dawn
Comments