Islamabad:
There has been a tug at the High Court of Islamabad (IHC) since the transfer of three judges from other high lessons, and the high court of the capital now seems visibly divided into two camps.
The confrontation between the judges of the IHC should intensify as a chief judge Sardar Muhammad Sarfraz Dogar, who was one of the three transferred judges, replaced judge Saman Rafat Imtiaz by judge Inaam Ameen Minhas as “the competent authority” to hear complaints of harassment.
This replacement took place after judge Saman launched an investigation – under the protection against the harassment of women to the law on the workplace – on a complaint filed by the lawyer Imaan Mazari against the chief judgar himself. Judge Saman had already formed an investigation committee including judge Ejaz Ishaq Khan, judge Arbab Tahir and herself.
Imaan Mazari filed the complaint after his altercation with the chief judge at the hearing of a case on September 11. IMAAN also approached the Supreme Judicial Council (SJC), requesting the dismissal of the IHC -in -chief for reasons of misconduct.
Meanwhile, a division bench led by Dogar judge should hear a petition today (Tuesday) contesting the appointment of the Tariq Mehmood Jahangiri judge for having pretended an invalid LLB diploma. The petition was deposited by lawyer Mian Daud.
Lawyers wonder if a guaranteed request in quo is kept against an in -office judge.
The transfer of the Dogar judge to the IHC was challenged by five judges, including judge Jahangiri. They wonder if it is not a conflict of interest for the CIH chief judge to hear the case itself.
The discretionary powers of the Pakistan chief judge to train benches were regulated through the law of the Supreme Court (practice and procedure) 2023. However, the concept of “master of the list” always prevails before the high lessons, in particular the CSI.
Here, two judges were excluded from simple benches while the judge of then, judge Mohin Akhtar Kayani, has not been included in any division bench for a long time.
The current government had expressed dissatisfaction with a written letter last year by six CIH judges, who had asked for advice from the SJC concerning interference by executive agencies in judicial functions.
Former Pakistan Judge Qazi Faez Isa was also unhappy with this letter.
In November of last year, the government adopted the 26th constitutional amendment which aimed to control the higher judiciary. Although the amendment did not directly affect the functioning of the IHC, it has strengthened the executive influence on the appointment and elevation of the judges of the Superior Court.
Subsequently, the government succeeded in appointing two additional judges to the IHC and was also transferred to three judges from other courts, affecting the seniority of existing judges.
Interestingly, transfers have already been approved by a constitutional bench of the Supreme Court, which has not yet rendered its detailed judgment in the case. The government finally achieved its main objective by appointing Dogar judge also as a chief judge of the IHC.
Since his appointment, highly publicized cases have not been listed before senior judges, and intra-head calls have been entertained against their provisional orders. Many lawyers now argue that those who have approved the transfer of judges to the IHC are responsible for the agitation in progress in the court.
