Islamabad:
The Superior Court of Islamabad (IHC) has partially accepted a request presented by some district judges and sessions and declared the decision of the Judicial Service of the Islamabad District (IDJST) to send judges of deputies of the null and null judicial district.
The IDJST Court that includes three IHC judges, Judge Tariq Mehmood Jahangiri, Judge Babar Sattar and Judge Sardar Ejaz Ishaq Khan, had issued the order to repatriate the judges in the Judicial Power of the District that serve in the delegation as court members.
The judge of the Anti -Terrorist Court of Islamabad (ATC) Abual Hasanat Muhammad Zulqarnain and others had challenged the decision in the IHC, whose bank of a single member comprising Judge Arbab Muhammad Tahir announced the verdict in the case.
The court argued that the court does not have Suo Motu powers against the same court. He clarified that he is not deciding the case on merits, and that the court will decide the merits of the case.
The IDJST, on March 21, annulled a notification of the Ministry of Law regarding the reconstitution of the court, a decision that showed a growing abyss among the judges in the superior court of the capital.
On March 18, the Ministry notified a new court consisting of three IHC judges nominated by the President of the Interim Justice Sardar 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 there was no need for his reconstitution, since there is no difference between the president of the court and the members. The IHC in his order declared that after the court change, Judge Tariq Jahangiri was no longer authorized to decide the matter.
The court added that the powers of the court are limited and not equivalent to those of a judge of the Superior Court.
