Islamabad:
In the midst of the growing restlessness and protest within the legal fraternity, the Superior Court of Islamabad (IHC) presented on Sunday its new duty list for next week, placing three just transferred judges in key banks, raising Judge Sarfraz Dogar as the senior judge of Puisne.
Judge Dogar, transferred from the Superior Court of Lahore (LHC), now has the reins at the important Bank 2, a position traditionally reserved for the highest judge after the president of the Supreme Court.
Judge Mohsin Akhtar Kayani, who previously held the position, has now been reallocated to Bench 3.
The shaking has triggered the alarms in legal circles, arriving only a few days after five out of ten IHC judges formally opposed the transfer of judge to do, warning that their potential elevation as president of the Supreme Court would violate the Constitutional procedures and judicial norms.
The letter emerged amid the growing speculation that Judge Dogar is online to become the next president of the IHC Supreme Court, since the current current judge is expected to be elevated to the Supreme Court.
The Judicial Commission of Pakistan (JCP) is ready to end the key judicial appointments on February 10, selecting eight judges from five higher courts.
Judge Kayani, formerly the largest judge after the president of the Supreme Court, will now preside over Bank 3 after the reorganization of judicial antiquity due to the new appointments.
Meanwhile, according to the list, Judge Khadim Hussain Soomro of the Superior Court of Sindh has been appointed for Bench 9, while Judge Muhammad Asif of the Superior Court of Baluchistan will lead Bank 12.
The service list said that the three freshly transferred judges will begin to listen to cases of Monday (today). From February 3 to February 7, banks from six division and 13 individual banks will be available for audiences.
However, Judge Saman Rafat Imtiaz will not be available on February 7.
The Bank of the First Division will include the president of the Supreme Court Aamer Faooq and Judge Inam Amen Minhas. The Second Division bank will include the newly transferred judges, Judge Sardar Sarfraz Dogar and Judge Khadim Hussain Soomro.
The Bank of the Third Division will consist of Judge Mohsin Akhtar Kayani and Judge Sardar Ejaz Ishaq Khan, while the Bank of the Fourth Division will be headed by Judge Miangul Hassan Aurengzeb and Judge Saman Rafat Imtiaz. This bank will not be available on February 7.
The Bank of the Fifth Division will include Judge Tariq Mehmood Jahangiri and Judge Azam Khan, while the Bank of the Sixth Division will include Judge Babar Sattar and Judge Arbab Muhammad Tahir.
In addition to the standard banks, the special division banks and the largest banks will also be available according to the directive of the president of the president. The tax list was issued by the Deputy Secretary (Judicial) with the approval of the President of the Supreme Court.
Judge Dogar will continue to be the most senior judge of the IHC until the elevation of Judge Farooq.
It was transferred under article 200 of the Constitution. Article 200 says: “The President may transfer to a judge of a superior court of one court superior to another superior court, but no judge will be transferred, except with his consent and after the president’s consultation with the president of the president of Pakistan and the boss.
According to the JCP rules, after its transfer, the name of Justice Dogar will be included in the panel for the president of the Supreme Court.
It can be mentioned that LHC judge, Sardar Mohammad Aslam, Judge M Bilal Khan and Judge Iqbal Hameedur Rehman had been transferred to the IHC under the article and were appointed as president of the Supreme Court.
Previously, after the retirement of the former president of the Supreme Court of IHC, Mohammad Anwar Khan Kasi, the name of Judge Shahid Karim was considered for the CJ.
Law strike
Meanwhile, legal fraternity in the Federal Capital is scheduled to organize a strike against appointments.
The Islamabad Bar Association, the Bar Association of the Superior Court of Islamabad and the Bar Association of the Islamabad district, at a joint meeting on Sunday, will organize the strike in the district courts and the IHC on Monday (today).
According to a resolution approved in a joint session of the legal fraternity of the capital, a strike will be observed today to protest the “unconstitutional measure that affects the judiciary and the legal profession.”
“The Legal Fraternity of Islamabad guarantees its commitment to resist unjustified transfers and appointments of the judges of other provinces at IHC,” said the resolution.
The lawyers declared that they would seek “all legal and constitutional ways to challenge this decision and safeguard the judicial independence of Islamabad.”
The legal fraternity also demanded that the application of the Association of Lawyers, which seeks the annulment of the 26th Constitutional amendment, be heard by the 16 judges of the Supreme Court.
He condemned the decision of the Judicial Commission of Pakistan (JCP) to call a meeting to appoint additional judges to the SC in February and described the action as a “shameless attempt to manipulate the composition of the court, filling it with people favored by the ruling parties and The establishment “
The resolution said that the movement blatantly ignored the fundamental principle of an independent judiciary, undermining public confidence in the legal system.
“The lawyers throughout the country firmly believe that quotes for the SC should not be made until a final decision on the requests that challenge the validity of the 26th amendment is reached,” he said, asking for the postponement of the JCP meeting the JCP meeting February 10.
Speaking about the letter of the judges of IHC, the resolution supported the position of the high -level judges, demanding that the president of the Supreme Court of the IHC be appointed of the highest judges present in the court to “guarantee equity and selections based on merit. “
The legal community firmly opposed the controversial amendments to the Law on the Prevention of Electronic Crimes (PCA), qualifying it as a “tool to suppress freedom of expression and stop freedom of the press.”
“A law convention of all the Pakistan will be held under the Islamabad Bar Association tomorrow, February 3, at 11 am in the Judicial Complex of the District, G-11/4, Islamabad, to formulate future strategies” said the resolution.
