Islamabad:
The Association Association of the Superior Court of Islamabad (IHCBA) has also approached the Apex Court against a new seniority list issued by former IHC president Aamer Faooq, after the transfer of three new judges to the Superior Court of The capital earlier this month.
The constitutional request presented under article 184 (3) of the Constitution urges the Supreme Court to declare that the President has no unlimited powers under article 200 (1) to transfer to the judges. The judges cannot be transferred from one superior court to another without public interest.
The petition requests that the judges transferred to other higher courts must be recognized as judges of those respective courts until they provide a new oath.
It also seeks to cancel the appointment of the President of the Interim Supreme Court of IHC, Sardar Muhammad Sarfraz Dogar; To count the age only after the new judges provide their oaths and to direct the IHC registrar to issue a revised seniority list.
On February 1, the Ministry of Law issued a notification for the transfer of Justice Dogar, Judge Khadim Hussain Soomro and Judge Muhammad Asif, resistant to the Superior Court of Lahore, the Superior Court of Sindh and the Superior Court of Baluchistan, to the IHC.
Later, the former president of the Supreme Court Aamer Faooq issued a new seniority list in which Judge Dogar appeared as Puisne’s senior judge. Five IHC judges, including former Puisne senior judge, Mohsin Akhtar Kayani, presented representations against the measure, which Judge Farooq rejected.
The judges then approached the Supreme Court against the new list of seniority.
