Islamabad:
The Judicial Commission of Pakistan (JCP) has rescheduled its May 2 meeting for May 19. In this crucial meeting, the Commission will consider nominations to appoint the main permanent judges for four higher courts in the country, including the Superior Court of Islamabad (IHC).
The meeting that will be chaired by the president of the Supreme Court of Pakistan Yahya Afridi will take place in the Supreme Court building. In addition to the IHC, the interim chief judges also lead the Superior Court of Sindh (SHC), the Superior Court of Peshawar (PHC) and the Superior Court of Baluchistan (BHC).
According to the sources, the JCP has requested nominations of the higher courts to occupy the key positions before May 4. They said that the names of three major judges of each court will be considered.
Interesting, a Constitutional Bank (CB) of the Supreme Court is currently listening to a series of requests filed against the transfer of judges of three other courts higher than the IHC and the change in the seniority list of the judges following the transfer.
The Ministry of Law of February 1 issued a notification for the transfer of Judge Sardar Muhammad Sarfraz Dogar, Judge Khadim Hussain Soomro and Judge Muhammad Asif, respectively of the Superior Court of Lahore (LHC), the SHC and the BHC, Al IHC.
After this transfer, the IHC issued a new list of seniority on February 3, classifying Justice Dogar as the senior judge of Puisne. Five IHC judges: Justice Mohsin Akhtar Kayani, Judge Tariq Mehmood Jahangiri, Judge Sardar Ejaz Ishaq Khan, Judge Babar Sattar and Judge Saman Rafat Imtiaz – Later presented representations against the Dowar Justice.
However, the then president of the Supreme Court of IHC, Aamer Farooq, rejected these representations. After the elevation of Judge Farooq to the Supreme Court, Judge Dugar also rose as the IHC Supreme Court on February 12.
IHC judges, the founder of PTI, Imran Khan, and four different lawyers associations were among the seven petitioners who challenged the transfer notification; the new seniority list; The notification for the appointment of Dogar as the IHC intering CJ; and the representation decision of February 8.
In a recent audience of the case, the CB had looked for answers from several respondents.
In his response, the SC registry declared that according to article 200 (1) of the Constitution, the President may transfer a judge from one superior court to another with the judge’s consent and after consulting with the president of the Supreme Court of Pakistan and the heads heads of both superior courts in question.
In view of the procedure described in article 200 (1), the Ministry of Law and Justice, through a letter dated February 1, requested consultation/consensus of the honorable president of the Supreme Court of Pakistan. This consultation/consensus was provided by the president of the president of Pakistan on the same date: on February 1 of this year, he said.
The JCP has also sent a written response to the CB.
He said that JCP is a constitutional body whose jurisdiction is defined in article 175-A of the Constitution. Its main function is the appointment of judges for the Supreme Court, the Higher Courts and the Federal Court of the Shariat.
The Commission has requested that its response be part of the Court Registry and has expressed its total respect for the decision of the Supreme Court, stating that it will provide all possible assistance every time the Court convened.
