Islamabad:
Five judges of the High Court of Islamabad (CIH) told the Supreme Court that the whole process concerning the transfer of three judges of different high lessons to the IHC had been carried out in haste and tainted by Mala and motivated by the desire of the Federation to punish the judges in service of the IHC and to carry out a “place” of a high court.
The petitioner judges, namely judge Mohin Akhtar Kayani, judge Tariq Mehmood Jahangiri, judge Ijaz Ishaq, judge Saman Riffat Imtiaz and judge Babar Sattar through their advice – Muneer a Malik and Barrister Salahuddin Ahmed – subjected their rejobe IHC.
The replica stipulates that after the petitioners wrote a letter dated 25.3.2024 to the Supreme Judicial Council (SJC) complaining of bodies of interference of leaders in their judicial functions and try to intimidate them and to carry out secret surveillance against them, it caused many attacks against them (some of which could only come from government sources).
“A media lagging back campaign accusing them of being a politically partisan (which was also the story promoted to the media by several higher members of the government), a large number of complaints to the Supreme Judicial Council have been filed against them for all kinds of imaginary offenses and alleged self-clarifications ranging from alleged official housing.
It is also argued that the family data of one of the petitioners (including the details of passports which could not have been disclosed by a government authority) were published on social networks. For one of the other petitioners, his law degree dating back more than three decades was suddenly canceled by a University of the Government and an FIA investigation was launched, explains Join.
He also indicates that at an occasion, no less than four different government agencies (namely PTA, PEMRA, FIA and IB) moved identical applications for the challenge of one of the petitioners claiming that he was in favor of the intelligence agencies.
“Obviously, the letter of the six judges gave birth to a large animus against the petitioners in a part of many government officials” “in this context, it is significant that the federation launched the transfers process immediately after the former chief judge of the High Court of Islamabad, the judge Amer Farooq, was proposed for the appointment to the Supreme Court. significant. “
It is indicated that the entire process, ranging from the flotation of the summary of the initiation of the transfer process, to the approvals of the Prime Minister and the President, at the request for consent of the judges proposed to be transferred as well as the four main judges concerned, the flotation of the final summary to make a transfer, obtaining the approval of the Prime Minister and the President, and the publication of the transfer notification was completed in the 4 days for two days Judges learned and 2 days for the third judge learned. This unprecedented haste spent a lot about the motivation of the federation, “he adds.
It is also indicated that the Federation, even in its first summary aimed at launching the transfer process, had already decided that at least one of these judges would be selected for the transfer which, if it had the age of the date of its oath in its parent court, would exceed all the petitioners of seniority. This selection is also remarkable since the only justification for transfers is the under-representation of certain provinces but, for the other two provinces, relatively junior judges have been selected. “”
“However, the petitioners do not wish to raise personal complaints on the way in which they have been dealt with and do not raise a problem simply concerning their personal seniority. What is more important is that the unprecedented way in which the functioning of a high court can be affected by the Federation using its transfer powers in a Mala-Fide manner.”
