Islamabad:
The Federal Government urged the Supreme Court on Wednesday to dismiss the pleas against the transfer of judges to the Superior Court of Islamabad (IHC) and the subsequent changes in the Antiquity list.
According to the requests presented by five IHC judges, among others, the three transferred judges cannot be considered IHC judges until they have lent a new oath in accordance with article 194 of the Constitution.
In his response, the federal government sought the dismissal of the supplications, since the three judges have been “transferred according to the Constitution …[and they]They are not obliged to take a new oath after the transfer “as under article 200, it did not mean a new appointment.
“[The judges were transferred to] “Bring transparency in the Judiciary, does not affect judicial independence,” reads the response presented by the additional attorney general of Islamabad.
“Article 200 (1) deals with the president’s power to transfer to the judges from one superior court to another, thus attributing a clear permanence to the transfer,” he said.
“There is no use of the term ‘for said period’ or ‘during the period’ in clause (1) of article 200 clearly reflects that the transfer to it, unlike the clause (3), [is] Not in the nature of a temporary arrangement, “the answer added.
“The permanence of the transfer by virtue of article 200 (1) is also evident for the fact that to send to the Judge of the Cesions back to his Superior Court of Parents, the President will have to follow the complete procedure provided in article 200 (1) again.”
Meanwhile, the Bar Association of the Superior Court of Islamabad (IHCBA) has decided to withdraw its constitutional request from the Supreme Court that challenged the transfer of three judges from other provincial higher courts to the Superior Court of Islamabad (IHC).
According to a statement, a letter of authority has been issued to the defender in the registry, Anees Muhammad Shehzad, authorizing the withdrawal of the petition.
The decision was taken during a meeting of the Executive Committee of the IHCBA, which concluded with a unanimous vote in favor of withdrawing the case.
The statement signed by the president of IHCBA, Syed Wajid Ali Shah Gilani, and Secretary Chaudhry Manzoor Ahmed Lajja said that the decision to withdraw the petition was unanimous since the IHCBA is not a part affected in the case.
He stressed that the problem refers to the antiquity of the judges, and added that the matter was being disputed by the judges concerned in the Apex court.
The issue is constitutional and must be resolved through constitutional forums, the statement said.
The Lawyer Association clarified that the constitutional petition was initially presented in the Supreme Court without the approval of its executive body by a former IHCBA president.
The Executive Committee, therefore, was unanimously resolved to dissociate the case and formally directed the withdrawal of the request of the Supreme Court.
