Justice Babar Sattar issued a detailed 73-page order and directed to send a copy of the judgment to the Ministry of Law and Justice.
Justice Babar Sattar. PHOTO: ARCHIVE
ISLAMABAD:
The Islamabad High Court (IHC) on Wednesday ruled that the executive must consult the judiciary for the appointment and dismissal of judges in Islamabad.
Justice Babar Sattar issued a detailed 73-page written order, stating that the terms of service of judges include the exercise of powers independently, impartially and free from external pressure. The court further held that the federal government should exercise its powers of appointment or dismissal of judges only after consulting the IHC.
The decision stated that the appointment of deputy judges from other provinces undermines the autonomy of the judiciary in Islamabad.
The court ordered the government to amend laws related to the appointment, tenure and dismissal of judicial officers.
The decision further stated that until amendments are made, the government will make any appointment, transfer or dismissal only in consultation with the Supreme Court or the IHC.
He said any appointment, transfer or removal without consultation will be considered illegal. The court ordered a copy of the ruling to be sent to the Ministry of Law and Justice and the Cabinet Division.
The ruling clarified that access to justice is a fundamental and inalienable right of citizens according to articles 9 and 25 of the Constitution.
The three pillars of the State, the legislative, the executive and the judicial, are independent of each other and none has supremacy over the other.
The court ruled that any law or administrative action that affects the independence of the judiciary will be considered incompatible with the Constitution and void.
