Islamabad:
There has been a strip and loosen in the Superior Court of Islamabad (IHC) from the transfer of three judges from other superior courts, and the superior court of the capital now seems visibly divided into two fields.
The clash between the judges of IHC is expected to intensify as the president of the Supreme Court Sardar Muhammad Sarfraz Dogar, who was one of the three transferred judges, has replaced Judge Saman Rafat Imtiaz with Judge Inaam Amen Minhas as the “competent authority” to listen to the complaints of harassment.
This replacement took place after Judge Saman initiated an investigation, under the law of protection against the harassment of women in the workplace, in a complaint filed by the lawyer Imaan Mazari against the president of the Supreme Court himself to tell. Judge Saman had already constituted an investigation committee comprising Judge Ejaz Ishaq Khan, Judge Arbab Tahir and herself.
Imaan Mazari filed the complaint after his altercation before the president of the Supreme Court during the hearing of a case on September 11. Imaan has also approached the Supreme Judicial Council (SJC), seeking the elimination of the President of the IHC court for misconduct.
Meanwhile, a division bank led by Judge Dogar is ready to listen to a petition today (Tuesday) Challenge the appointment of Judge Tariq Mehmood Jahangiri for allegedly having an invalid LLB title. The petition was presented by lawyer Mian Daud.
The lawyers question whether a request for Quo Warranto is maintained against a seated judge.
Judge’s transfer to the IHC was challenged by five judges, including Judge Jahangiri. They are questioned if it is not a conflict of interest for the president of the Supreme Court of IHC to listen to the matter itself.
The discretionary powers of the President of the Supreme Court of Pakistan to form banks were regulated through the Law of the Supreme Court (practice and procedure), 2023. However, the concept of “the master of the list” still prevails in the superior courts, especially in the IHC.
Here, two judges have been excluded from individual banks, while Puisne’s senior judge, Judge Mohsin Akhtar Kayani, has not been included in any division bank for a long time.
The current government had expressed its discontent for a letter written last year by six IHC judges, who had requested the orientation of the SJC regarding the interference of the executive agencies in judicial functions.
According to the reports, the former president of the Pakistan Supreme Court Fazi Faez Isa was unhappy with that letter.
In November last year, the Government approved the 26th Constitutional amendment that sought to control the Superior Judicial Power. Although the amendment did not directly affect the operation of the IHC, the executive influence on the appointment and elevation of the judges of the Superior Court improved.
Subsequently, the Government managed to appoint two additional judges for the IHC and also transferred to him three judges of other superior courts, affecting the age of existing judges.
Interestingly, transfers have already been supported by a constitutional bank of the Supreme Court, which has not yet issued its detailed judgment in the case. The Government finally achieved its main objective by appointing Justice also to give the president of the Supreme Court of IHC.
Since their appointment, high-profile cases have not been included before the higher judges, and Intra-Court appeals have entertained their intermediate orders. Many lawyers now argue that those who supported the transfer of judges to the IHC are responsible for the ongoing agitation within the Court.
