Islamabad:
Five judges of the Superior Court of Islamabad (IHC) have refused to accept Judge Sardar Sarfraz Dragar as Judge of the IHC, which increases alarms on his age and the legitimacy of his appointment, urging the president of the Supreme Court of IHC to remedy the situation before the Crucial Judicial Commission of Pakistan Meeting (JCP).
In a representation presented to IHC CJ Aamer Farooq, Judges Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Ejaz Ishaq Khan and Saman Rafat Imtiaz Dogar cannot be considered an IHC judge to the Constitution.
“However, the process of the appointment of Justice Dogar as judge of the Superior Court of Islamabad is not complex, since it has not yet sworn an oath to serve in the Superior Court of Islamabad as necessary article 194. Consequently, not It can be considered a judge of the Superior Court of Islamabad, “he said.
The lawyers argued that once the judge gives his oath as judge as judge, his age must be determined from the date on which the oath administers the IHC CJ. Therefore, Dangar Justice will be less seniorly than the subigned judges who lent their oaths before him.
The judges have urged the Supreme Court of IHC to resolve the matter before the JCP meeting scheduled for February 10.
“We are supporting a copy of this representation to the honorable president of the Justice of Pakistan, in his capacity as President JCP, to draw the attention of JCP, so as not to be the legality of the procedures carried out by JCP on 10.02.2025 also magnado due to the Consideration of the judges for their appointment before the Supreme Court of a panel of judges illegally and erroneously of the Superior Court of Islamabad, “the judges said.
They argue that the assumption of charge of a judge depends on making an oath under article 194, which grants judicial authority within the jurisdiction of the respective Superior Court.
The oath does not allow him to serve beyond this territorial jurisdiction, they also said.
The representation also pointed out that the judge has yet borrowed an oath as judge of IHC and has only sworn as judge of the Superior Court of Lahore. However, the IHC seniority list already lists it as IHC judge, placing it directly under the president of the Supreme Court.
“This demonstrates a serious jurisdictional error, since it cannot be considered that a judge has been indicated to a superior court, until they put an oath by that superior court in particular.”
‘Brazen attempt to pack the court’
When commenting on the development, the lawyer Abdul Moiz Jerferii said that the inclusion of judges of Sindh and Baluchistan was a mere “showcase”, stating that the real problem revolves around the appointment of Justice Dogar.
“It is just just justice and use it to interrupt the age of the IHC and to deprive the judges of independent mentality of their deserved station within that court.”
Jaferii criticized the president of the Supreme Court of IHC, saying that he has disagreed with the majority of his own judges.
He pointed out that for years, the IHC has been directed by a CJ that has disappointed his colleagues and helped the powerful circles brush their interference claims under the carpet.
“This is something that the government cannot afford to lose,” he said, adding that the government was trying to manipulate the antiquity structure of the IHC, using the “federal representation” as an excuse.
“The IHC already has federal representation. There are judges of Karachi, Swat and Quetta. Quetta’s judge complained for the last time that his father was brought and stopped before him as a coercive measurement,” he said.
Jaferii questioned why the Government chose to transfer to the judges instead of appointing new candidates of Sindh and Baluchistan.
“If it was an affirmative action, lists have been submitted for the Sindh Superior Court and the Superior Baluchistan Court where the candidates could not make the cut. These candidates could have been considered for new appointments for the IHC. Why why It had to be that serving the judges?
When qualifying the movement, a “chambolic and shameless attempt to pack a court,” shock expressed the role of the president of the Supreme Court of Pakistan in legitimation.
“It is shocking that the president of the country is united to celebrate it as a gesture of inclusion,” added the lawyer.
Similarly, lawyer Hasan Mann said the Constitution provided only one procedure for the AP score of a judge of the Superior Court, through the prescribed initial appointment process, without alternative.
He explained that although article 200 (1) allowed the transfer of a judge of the Superior Court of one superior court to another, said transfer cannot be permanent, since the President has no authority to appoint a judge of the Superior Court through of the transfer.
In addition, Mann pointed out that article 200 (1) cannot be read in isolation, since article 200 (2) clarified the temporal nature of such transfers. Any interpretation that suggests that it would otherwise effectively grant the President to manipulate the age of the judges of the Superior Court, contradicting the 2014 verdict of the Supreme Court.
If a judge of the Superior Court was permanently transferred, it would be placed at the bottom of the age of seniority, as is the case in civil services. Any other agreement, Mann argued, would create chaos in the Superior Judiciary.
This is the reason why the consent of the assignee judge was essential, since such movement could put it in a vantye of disgust.
He added that comparisons with the Indian Judiciary are irrelevant, since the provisions of the Indian Constitution are written differently.
Administrative reorganization in IHC
Meanwhile, after the incorporation of three new judges, the president of the Supreme Court of IHC has made several administrative administrative changes.
Judge Sardar Sarfraz Dogar has been appointed administrator of the Anti -Terrorist Courts (ATC) and the National Responsibility Courts, replacing Judge Mohsin Akhtar Kayani.
Judge Muhammad Azam Khan has been appointed as administrative judge for the district courts of Islamabad (West), Judge Arbab Muhammad Tahir has been accused of the courts of the FIA, and Judge Saman Rafat Imtiaz has been appointed administrative judge of the bank courts.
