Justice Babar Sattar issued a detailed 73-page order, ordering a copy of the judgment to be sent to the Ministry of Law and Justice.
Judge Babar Sattar. PHOTO: FILE
ISLAMABAD:
The Islamabad High Court (IHC) on Wednesday ruled that the executive must consult the judiciary for the appointment and removal of judges in Islamabad.
Justice Babar Sattar issued a detailed 73-page written order, stating that the conditions of service of judges include exercising powers independently, impartially and free from external pressure. The court further held that the federal government should only exercise its powers to appoint or remove judges after consulting the IHC.
The decision said the appointment of deputed judges from other provinces undermined the autonomy of the judiciary in Islamabad.
The court ordered the government to amend laws relating to the appointment, tenure and removal of judicial officers.
The decision further clarifies that until changes are made, the government will make any appointment, transfer or removal only in consultation with the Supreme Court or the IHC.
It specifies that any appointment, transfer or dismissal without consultation will be considered illegal. The court ordered to send a copy of the judgment to the Ministry of Law and Justice and the Cabinet Division.
The judgment clarified that access to justice is a fundamental and inalienable right of citizens under Articles 9 and 25 of the Constitution.
The three pillars of the State, the legislature, the executive and the judiciary, are independent of each other and none has supremacy over the other.
The court ruled that any law or administrative measure affecting the independence of the judiciary will be considered inconsistent with the Constitution and void.
