Islamabad:
The Court of the Judicial Service of the District of Islamabad (IDJST) has annulled a notification of the Ministry of Law regarding the reconstitution of the court, a decision that shows a growing abyss among the judges in the superior court of the capital.
On March 18, the Ministry notified a new court that consists of three IHC judges nominated by the President of the Interim Justice Muhammad Sarfraz Dogar. Judge Khadim Hussain Soomro had to lead the IDJST, while also included Judge Muhamad Azam Khan and Judge Inaam Amen 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 that also allowed the appeal of the superior civil judge, Muhammad Shabir.
In his order, the Court indicated that it consists of judges nominated by the then president of the Supreme Court of IHC, Aamer Faooq, on January 9, 2024, and there is no need for their reconstitution, since there is no difference between the President of the Court and the members.
He said that the court registrar informed the personal secretary of the President of the Court that the personal secretary of the IHC Intering CJ issued the verbal leadership on March 17 to advise the court members that he does not issue any orders in pending appeal, including those reserved to judge, such as the CJ of the action had decided that the court had dissolved.
He pointed out that CJ acted is granted without administrative authority to issue such directions or interfere with the result of the complaints of the members of the Judicial Power pending before the Court against decisions rendered by the departmental authorities that report their office.
He said that the Court was last constituted in accordance with a notification dated January 9, 2024 based on the nominations made by the then president of the Supreme Court, Aamer Faooq.
“Once the court was duly constituted, the president of the Supreme Court became” Functus officio. “The honor honor in action did not have a role to play in the operation of the court and could no longer withdraw the previous nominations made by the president of the Supreme Court.
“In the same way, the federal government and the president were granted without authority to reconstitute the court, unless a vacancy arose, which required to be filled according to the nomination of the president of the President of Justice,” he added.
The order advised the court registrar to provide a copy of this order to the IHC intering CJ and the judges nominated by him to serve in court, while allegedly seeks to reconstitute it.
“We have been informed that the Registrar’s Office has issued a list of causes, to solve a miscellaneous application under the objection of the office in this appeal, which had been reserved for orders and trial on 13.03.2025.
“We would not want to embarrass ourselves or our judges of beautiful brothers nominated for the honorable justice in functions to the court, under the wrong belief that the CJ was invested with power to reconstitute the court, with the newly nominated members who suppose jurisdiction on this issue under notification dated 18.03.2025.
“[This] The notification lacks legal authority and has been issued in breach of section 3 of the Law of the Judicial Service of Islamabad, 2016, “he added.
