In a widely seen movement as "Court packaging"The Federal Government has successfully considered the deck in the Superior Court of Islamabad (IHC) transferring three judges of other superior courts, a development considered crucial by the Executive due to the role of the court in hearing high -profile cases, especially those those that involve PTI and their leader, Imran Khan. A notification issued by the Ministry of Law announced the transfer of three judges from different courts higher than the IHC.
"In the exercise of the powers conferred under clause (1) of article 200 of the Constitution of the Islamic Republic of Pakistan, the president of the Islamic Republic of Pakistan is pleased to transfer Judge Sardar Muhammad Sarfraz Dogar, Judge, Superior Court of LAHORE DE LAHORE HIGH Court of the Superior Court of Islamabad, Judge Khadim Hussain Soomro, Judge, Superior Court of Sindh of the Superior Court of Sindh to the Superior Court of Islamabad; and Judge Muhammad Asif, Judge, Superior Court of Baluchistan to the Superior Court of Islamabad," The declared notification. Judge Dogar occupies the 15th position in seniority in the Superior Court of Lahore (LHC), while Judge Soomro is the 28th in the Superior Court of Sindh (SHC). Judge Muhammad Asif was recently appointed for the Superior Court of Baluchistan last month. The appointment of Justice Dogar for the LHC occurred in June 2015, while the senior judge of IHC, Mohsin Akhtar Kayani, was included in December 2015. Reorganization has caused a debate on the determination of the age of Judges in the IHC. Five IHC judges have written to the main judges, arguing that the transferred judges must make a new oath under article 194 of the Constitution to serve in a new superior court.
"Consequently, its seniority would be determined from the date of the oath that it takes in order to serve in the Superior Court of Islamabad: that antiquity is determined from the oath of the date for said Superior Court, in which the judge It should serve," The letter establishes. However, it is unlikely that the Government and the president of the Supreme Court of IHC Aamer Faooq accept this interpretation. The Judiciary under pressure tensions between the establishment and most IHC judges have increased, particularly after the judges wrote to the Supreme Judicial Council (SJC) that seeks guidance on the alleged interference by the intelligence agencies In judicial matters. IHC judges have affirmed that they faced immense pressure during the case of tyranny and detailed how judicial procedures were manipulated in high profile matters. The head of PTI, Imran Khan, has already filed a complaint of misconduct against IHC CJ Aamer Faooq, claiming that he had repeatedly ignored the requests of his fellow judges to act against the shameless interference in the operation of the Court by state agencies , or had actively played a part actively. By ensuring such interference, he continues incessantly. The lawyer and leader of PTI Chaudhry Fawad Hussain compared the situation with 1937 "Court packaging" US President Franklin D. Roosevelt’s plan.
"Court packaging is a well -known concept. Pack the courts is the idea of adding judges to the Superior Court or the lower courts to change the balance in favor of the Executive," Pointed out. The lawyer warned that the practice was now in full swing in Pakistan, where the courts are literally subordinated to the Executive by appointing favorable judges. "This has eroded the independence of the Judiciary and has made it a Judiciary of the PCO era."
In addition to that, he said that bringing judges ethnicly was the "The worst that can happen to Pakistan" adding that unfortunately, for limited political benefit, "The executive branch is playing with the solidarity of the country."
The lawyer lawyer Faisal Siddiqi warned that if the measure was not reversed, "February 1, 2025 will be remembered as the beginning of the complete destruction of the IHC".
"Only the mobilization of lawyers can save us now," Affirmed. Meanwhile, the Islamabad Bar Association (IBC) has unanimously condemned the government’s decision, qualifying it as an attack on judicial independence.
"This decision is an affront to the independence of the Judiciary and undermines the rights and representation of legal fraternity in Islamabad. The Islamabad Lawyer Council firmly opposes this decision and is determined to resist such unjustified transfers that ignore the fundamental principles of judicial autonomy and regional representation," The IBC declared. In response, the Council has called a session of the Emerging General House today (Sunday) at 11:00 am, together with the Bar Association of the Superior Court of Islamabad and the Bar Association of the Islamabad district. A press conference will follow at 1:00 pm to describe its future course of action. All eyes in JCP all eyes are now in the Judicial Commission of Pakistan (JCP) and if you will approve the elevation of Judge Aamer Faooq to the Supreme Court. If elevated, the question remains: Who will be the next president of the Supreme Court of IHC? The legal analyst Ream Omer, commenting on the ongoing judicial crisis, wrote in X (previously Twitter) that the developments related to the Judiciary since the Parliament promulgated the amendment 26 in October 2024 confirms the fear that this was not Sincere “reform” to make the “responsible” judges. On the other hand, what we see is the most shameless attempt of judicial capture by an insecure regime that fights with legitimacy. He pointed out how a special parliamentary committee secretly appointed Judge Yahya Aphridi as CJP without public dissemination of the criteria. In addition, the Parliament doubled the number of SC judges from 17 to 33 and increased to IHC judges from 9 to 12. The Practice and Procedure Law was also modified to alter the bank formation rules. The Constitutional Bank designated on November 5 had no clear criteria, and many urgent constitutional requests remain unknown. On December 13, the Constitutional Bank allowed military courts to announce verdicts against civilians, waiting for a final decision. The lawyer Hafiz Ehsaan Ahmad said that the next legal issue would be to determine the antiquity of the assignee judges at the IHC after the transfer of three judges of three superior courts other than IHC, after invoking the provisions of article 200 of the Constitution. According to him, the appointment date as a judge of the Superior Court often determines the antiquity of that judge. However, he argued that antiquity between the judges of the higher courts is determined by the principle that the date of appointment and the oath of the position are the main criteria for antiquity. If several judges are appointed on the same day, antiquity will be determined by the order in which their names appear in the appointment order issued by the President. He said that since the judges had already made an oath when their respective higher courts were appointed for the first time, article 194 of the Constitution would not apply to the present transfer of judges. He added that article 205, read with the fifth schedule of the Constitution, deals with the compensation and terms and conditions of the judges of the Supreme Court and the Superior Court. According to him, the salary of a judge, privileges and other terms of service cannot be changed to detriment while serving and any change to the terms and conditions, including transfer policies, consider a constitutional amendment or appropriate legislation. He concluded, in view of the current constitutional situation, that since Judge Sarfraz Dogar had been transferred from the LHC to the IHC, his name will now be considered as the most important judge of the last court due to his previous appointment as Judge of the LHC, in Comparison with other current IHC judges. The legal expert also declared that if the head IHC CJ is elevated to the SC at the next JCP meeting, the name of Justice Dogar will not only be added to the panel of the three most senior judges for the appointment of the IHC CJ. However, the JCP will also consider it, together with the other two more senior judges, for such a vacancy according to the Constitution and under the new JCP rules promulgated in 2024.
