The association of the bar of the High Court of Islamabad has filed a new request before the Supreme Court, contesting the authority of the president to transfer the judges without justification of public interest.
This marks the second major challenge to legal transfers in recent days.
Posed under article 184, paragraph 3, by the president of the bar, Riasat Ali Azad, the petition maintains that the president has no unlimited powers under article 200, paragraph 1, of the Constitution for Reallow the judges between high lessons.
He argues that legal transfers should only occur in the public interest.
The petition follows a similar decision of five judges from the High Court of Islamabad (IHC) filed a request at the Supreme Court of Pakistan, contesting judicial transfers and their impact on seniority.
The constitutional request of 49 pages, filed under article 184, paragraph 3, through the main lawyers MUNNIER A. MALIK and the lawyer Salahuddin, maintains that the president of Pakistan abused article 200 , paragraph 1, going beyond the authority of the judicial committee by transferring the judges.
The petition maintains that legal transfers cannot be carried out without public interest and should not affect the seniority list.
It also indicates that article 200 only authorizes temporary transfers and that the current process violates article 175 (a) of the Constitution.
The judges urged the Supreme Court to invalidate the current list of the seniority of the High Court of Islamabad, citing its inconsistency with article 194 and the third appendix of the Constitution.
The petition specifically disputes the appointment of judge Sarfraz Dogar as an acting chief of the IHC, declaring that he had only served two weeks before the High Court before assuming administrative control.
He also calls judges Khalid Soomro and Muhammad Asif to be excluded from legal work.
The President of Pakistan, the Federal Government, the Judicial Commission, the Registrar of the Supreme Court and several high court regists were responded in this case.
The five petition judges are judge Mohin Akhtar Kayani, judge Babar Sattar, judge Tariq Mehmood Jahangiri, judge Saman Rafat Imtiaz and judge Sardar Ejaz Ishaq Khan.
The petition also claims that the failure of the judges transferred to take an oath is a constitutional violation.
He claims that seniority begins before the High Court where a judge first takes the oath, and modifying it by transfers is an unconstitutional interference in the administration of the IHC.
