PESHAWAR: Invoking jurisdiction of the Peshawar High Court on Saturday, Advocate Hastham khan Khalik challenged the recent transfer of three judges of the Islamabad High Court to other high courts, while also questioned constitutional provisions linked to the move.
Advocate Hastham Khan Khalil filed the petition on Saturday, asking the court to declare the Judicial Commission of Pakistan’s April 28 decision on the transfer of Islamabad High Court judges un-Islamic, unconstitutional and illegal. He also requested that the relevant constitutional articles be declared invalid.
In addition, the petitioner sought interim relief from the court and asked that the impugned decision of the Judicial Commission of Pakistan be suspended until the case is finally decided.
The petition names the federal government through the secretaries of law, human rights and parliamentary affairs as respondents, along with the secretary of the Judicial Commission of Pakistan.
Transfer notification issued after JCP approval
The federal law ministry had issued a notification on April 29 for the transfer of three Islamabad High Court judges under Article 200 of the Constitution. The notification came a day after the Judicial Commission of Pakistan approved their transfer to different high courts.
According to the notification, President Asif Ali Zardari, acting on the recommendation of the Judicial Commission of Pakistan, approved the transfer of Justice Mohsin Akhtar Kayani to the Lahore High Court, Justice Babar Sattar to the Peshawar High Court, and Justice Saman Rafat Imtiaz to the Sindh High Court. In his petition, the lawyer argued that the actions of the respondents were contrary to the mandate and requirements of Articles 2-A and 175(3) of the Constitution, as well as several judgments of the superior courts. He contended that the transfer of judges by the executive was against fundamental rights and should therefore be set aside.
The petitioner also maintained that the Peshawar High Court has full jurisdiction to hear and decide the matter in accordance with the law.
Seniority issue remains unresolved at IHC
Meanwhile, the Islamabad High Court has not yet issued a formal seniority list of judges. The Judicial Commission of Pakistan had stated in its April 28 meeting that the three vacant positions of Islamabad High Court judges would be filled through transfers from other high courts. As a result, uncertainty continues within the Islamabad High Court over how seniority will be determined until those vacancies are filled.
Under the current duty roster, all seven judges are set to hear cases both individually and in division benches. They are Chief Justice Sardar Mohammad Sarfraz Dogar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, Justice Khadim Hussain Soomro, Justice Muhammad Azam Khan, Justice Mohammad Asif and Justice Inaam Ameen Minhas.
