Islamabad:
The judge of the Superior Court of Islamabad (IHC) Babar Sattar has taken an exception at the beginning of judicial work by the three recent judges transferred to the Superior Court of the capital of the provincial Superior Courts of Sindh, Punjab and Baluchistan without first taking the oath as judges of IHC.
The judge has also opposed the new antiquity list of IHC judges, as well as the inclusion of the judges transferred in the IHC Administrative Committee and the Departmental Promotion Committee, declaring that all these movements violate the Constitution and the Law .
In a letter dated February 4 and addressed to the President of the Supreme Court of IHC, Aamer Faooq, Judge Sattar declared that according to article 193 of the Constitution, the President of the Superior Court of a Superior Court will be appointed by the President of Conformity with article 175 of the Constitution of the Constitution of the Constitution. .
“The other possible mode of appointment of a judge to a superior court is through the transfer in terms of article 200 of the Constitution.”
He said that according to article 194 of the Constitution, before entering the position, the president of the Superior Court is obliged to make an oath to be administered by the provincial governor, while any other judge of a superior court is obliged to administer an oath to be administered by the President of the Supreme Court.
“Similarly, no judge can assume a judge’s office and begin to download the functions and duties of the office of a judge of a superior court without making an oath as judge of that particular court in particular acquired of jurisdiction within the territory that falls in the province of said Superior Court “.
Judge Sattar pointed out that after his transfer to the IHC in terms of article 200 of the Constitution, the three judges did not make an oath in the manner prescribed in the third time of the Constitution as judges of the IHC “as we have done the rest of we. “.
“Consequently, it cannot be taken to assume the IHC Judges Office and, therefore, they cannot be treated as IHC judges for the fulfillment of judicial tasks and/or administrative functions,” he added.
Judge Sattar reminded Judge Aamer Faooq that, as the president of the IHC court, he had the obligation to administer oaths to the transferred judges, in terms of article 194 of the Constitution, before they could assume the position as judges of the IHC .
“Every day that passes, when the transferred judges exercise powers and/or judicial and/or administrative functions of the office of an IHC judge, the illegality will continue to be perpetuated.
Obtain the reconstitution of the IHC Administrative Committee, Judge Sattar, who has been licensed since February 3, said that, according to the rules of the Islamabad Judicial Service, the Administration Committee should understand the President of the Supreme Court of IHC and two senior judges.
“Even if we did not take into account the constitutional requirement of making an oath in the terms article 194 of the Constitution and conceiving a situation in which the transferred judges have sworn oath as judges of the IHC, Judge Soomro, who is currently in series in series Series No 9 of the Antiquity List issued by you [on February 3]I would not yet qualify as one of the two IHC senior judges.
“As the composition of the Administration Committee has been prescribed by rule 2 (a) of the rules of the Judicial Service of Islamabad, the president of the Supreme Court has no discretion to constitute a committee in incalient of said rule and designate a Judge Junior To serve in the Administration Committee, “he added.
