Islamabad:
In the midst of increasing discomfort and protest in the legal brotherhood, the High Court of Islamabad (IHC) unveiled its new list of rights for the coming week on Sunday, placing three newly transferred judges on key benches – raising the Judge Sarfraz DOGAR as a higher judge of then.
Dogar judge, transferred from the High Court of Lahore (LHC), now holds the reins of Bench 2 important, a post traditionally reserved for the oldest judge after the chief judge.
Judge Mohin Akhtar Kayani, who previously held the post, was now reassigned to bench 3.
The upheaval triggered alarms in legal circles, coming only a few days after five out of ten judges officially opposed the transfer of the Dogar judge, warning that his potential altitude as a chief judge would violate constitutional procedures and the Judicial standards.
The letter has surfaced in the midst of increasing speculation according to which Dogar judge is online to become the next IHC chief, because the current high level judge should be erected at the Supreme Court.
The Pakistan Judicial Commission (JCP) is expected to finalize key judicial appointments on February 10, selecting eight judges of five high lessons.
Judge Kayani, previously the most high -end judge after the chief judge, will now chair bench 3 following the reorganization of judicial seniority due to new appointments.
Meanwhile, according to the list, judge Khadim Hussain Soomro of the High Court of the Sindh was appointed to set up 9, while judge Muhammad Asif of the High Court of Balutchistan will direct the bench 12.
The list of rights said that the three newly transferred judges will start hearing in hearing on Monday (today). From February 3 to February 7, the benches of six divisions and 13 single benches will be available for audiences.
However, judge Saman Rafat Imtiaz will not be available on February 7.
The first division bench will include chief judge Aamer Farooq and judge Inam Ameen Minhas. The second division bench will include the newly transferred judges, judge Sardar Sarfraz Dogar and judge Khadim Hussain Soomro.
The third division bench will be made up of the judge Mohin Akhtar Kayani and the judge Sardar Ejaz Ishaq Khan, while the bench of the fourth division will be led by judge Miangul Hassan aurangzeb and judge Saman Rafat Imtiaz. This bench will not be available on February 7.
The bench of the fifth division will include judge Tariq Mehmood Jahangiri and judge Azam Khan, while the sixth division bench will include judge Babar Sattar and judge Arbab Muhammad Tahir.
In addition to the standard benches, special division benches and larger benches will also be available in accordance with the directive of the chief judge. The list of rights was published by the Deputy Registrar (judicial) with the approval of the chief judge.
The Dogar judge will remain the highest -end judge of the IHC until the Farooq judge is elevated.
He was transferred under article 200 of the Constitution. Article 200 indicates: “The president may transfer a judge from a high court from a high court to another high court, but no judge will be transferred except with his consent and after the president’s consultation to the judge in Head of Pakistan and the chief judge of the two high lessons.
According to the rules of the JCP, after his transfer, the name of judge Dogar will be included in the panel of the proposed chief judge.
It can be mentioned that the LHC judge at the earliest Sardar Mohammad Aslam, judge M Bilal Khan and judge Iqbal Hameedur Rehman had been transferred to the IHC under the article and were appointed chief judge.
Previously, after the retirement pension of the former IHC chief judge, Mohammad Anwar Khan Kasi, the name of judge Shahid Karim was envisaged for the CJ.
Lawyer
Meanwhile, the legal fraternity of the federal capital should stage a strike against appointments.
The Islamabad Bar Council, Islamabad High Court Bar Association, and the Islamabad district bar association during a joint meeting on Sunday, will organize the strike of the district and IHC courts on Monday (today ‘Hu).
According to a resolution adopted during a joint session of the legal fraternity of the capital, a strike will be observed today to protest against the “unconstitutional measure affecting the judiciary and the legal profession”.
“The legal fraternity of Islamabad guarantees its commitment to resist the unjustified transfers and appointments of the judges of other provinces to the IHC,” said the resolution.
Lawyers said they would continue “all legal and constitutional avenues to contest this decision and safeguard the judicial independence of Islamabad”.
The legal fraternity also required that the request of the association of the bar – requesting the cancellation of the 26th constitutional amendment – be heard by the 16 judges of the Supreme Court.
He condemned the decision of the judicial commission of the decision of Pakistan (JCP) to call a meeting to appoint additional judges to SC in February and qualified the action “blatant attempt to manipulate the composition of the court, fulfilling it of individuals favored by the parties to power and the establishment.
The resolution said that this decision openly ignored the fundamental principle of an independent judicial power, undergoing public confidence in the legal system.
“Lawyers across the country firmly believe that no SC appoints should continue until a final decision is taken on the petitions contesting the validity of the 26th amendment,” he said, calling for Report of the JCP meeting on February 10.
Speaking on the letter of the judges of the IHC, the resolution supported the position of the superior judges, demanding that the chief judge of the CIH be appointed the highest judges in court to “ensure equity and the selections based on merit “.
The legal community firmly opposed the controversial amendments to the Act respecting the prevention of electronic crimes (PECA), calling it a “tool to remove freedom of expression and limit press freedom”.
“A lawyer agreement in Pakistan will take place tomorrow on February 3 at 11 a.m. at the Judicial complex of the Islamabad bar council, G-11/4, Islamabad, to formulate a future strategy,” said the resolution.
