Islamabad:
The Islamabad District Court of Judicial Services (IDJST) canceled a notification from the Law Ministry with regard to the reconstruction of the Tribunal – a decision that shows a growing abyss among the judges of the high court of the capital.
The ministry on March 18 informed a new court composed of three CIH judges appointed by the acting chief judge Muhammad Sarfraz Dogar. Judge Khadim Hussain Soomro was to lead the IDJST when he also understood judge Muhammad Azam Khan and judge Inaam Ameen Minhas.
However, the existing court comprising judge Tariq Mehmood Jahangiri, judge Sardar Ejaz Ishaq Khan and judge Babar Sattar declared the illegal notification in an order which also granted the appeal of the main civil judge, Muhammad Shabbir.
In his order, the court noted that it consists of judges appointed by the chief judge of the IHC, Aamer Farooq, on January 9, 2024, and there is no need for reconstruction because there is no difference between the president of the court and the members.
He declared that the tribunal registrar informed the personal secretary of the president of the court that the Personal Secretary of the Acting CJ of the CIH had given him a verbal direction on March 17 to advise the members of the court not to make any ordinance in the current appels, including those reserved for a judgment, because the interim CJ had decided that the court was dissolved.
He noted that the acting CJ is acquired without administrative power to issue such directions or to interfere otherwise with the outcome of the grievances of the members of the subordinate judicial power pending before the court against the decisions rendered by the departmental authorities which fall under its office.
He declared that the court was for the last time in accordance with a notification dated January 9, 2024 on the basis of the appointments made by the chief judge of the time, Aamer Farooq.
“Once the court was duly constituted, the chief judge became” Functus Office “. The acting honorable judge had no role to play in the functioning of the court and could no longer withdraw previous appointments made by the chief judge.
“Likewise, the federal government and the president were acquired without power to reconstruct the court, unless a vacancy appeared, which was to be fulfilled in accordance with the appointment of the chief judge,” he added.
The ordinance advised the court registrar to provide a copy of this ordinance to the acting CJ of the CI and the judges appointed by him to sit in court, while allegedly seeking to reconstruct him.
“We have been informed that a case list was published by the registrar’s office, to resolve to hear a various request from the office of office in this appeal, which had been reserved for ordinances and a judgment on 13.03.2025.
“We would not want to embarrass ourselves or our judges of honorable brother appointed by the honorable acting chief in court in the court, under the erroneous belief that the CJ was acquired from the power to reconstruct the court, the newly appointed members by sitting the court on this case under the notification of 18.03.2025.
“”[This] The notification is without the legal authority and was issued in violation of article 3 of the 2016 law on the court of the judicial service of the judicial services of the judicial services of Islamabad, “he added.
