IHC rejects plea filed against appointments of two high court judges 

The Islamabad High Court (IHC) on Thursday rejected the petition filed against the appointment of high court judges Justice Arbab Muhammad Tahir and Justice Saman Rafat Imtiaz, reported 24NewsHD TV channel. 

Justice Khadim Hussain Soomro pronounced the verdict on the petition filed by GM Chaudhry, a lawyer, who had requested the court to declare the appointment of both judges illegal and remove them from their posts.  

Earlier in May, the IHC had declared a petition challenging the appointment of Justice Saman Rafat Imtiaz as a judge inadmissible, observing that such litigation reflected a “regrettable tendency” to undermine the independence and dignity of the judiciary.

In a two-page written order, Justice Arbab Muhammad Tahir held that the petition contained “extremely defamatory, baseless and unsubstantiated allegations” against a serving judge, adding that the nature of the claims prima facie fell within the ambit of contempt of court.

The court emphasised that any attempt to scandalise a judge or question judicial conduct through unsubstantiated accusations cannot be entertained, as it directly impacts the institutional integrity of the judiciary. “The tendency to undermine the independence and dignity of the judiciary is very regrettable,” the order stated, while directing the petitioner to exercise caution in future. 

The petition had been filed by Advocate Kulsoom Khaliq, challenging the appointment of Justice Saman Rafat Imtiaz. However, the court noted that the allegations raised were linked to judicial proceedings and the conduct of a sitting judge, matters which fall outside the jurisdiction of such petitions.

Justice Tahir underlined that the law provides specific mechanisms for addressing grievances against judicial decisions, including appellate forums. He further clarified that any inquiry into alleged misconduct of a judge lies exclusively within the domain of the Supreme Judicial Council, the constitutional forum empowered to examine complaints against superior court judges.

“The contempt of court petition is not maintainable,” the order concluded.
Justice Saman Rafat Imtiaz had been transferred from the Islamabad High Court to the Sindh High Court. The transfer, however, was not a subject of adjudication in the present case.

Reporter: Ehtesham Kiyani