Justice Salahuddin of the constitutional bench of the Supreme Court (SC) said on Tuesday that the Islamabad High Court (IHC) chief justice (CJ) was not authorized to determine the seniority of the judges who had been transferred to the high court, reported 24NewsHD TV channel.
During the hearing of petitions filed against the transfer of judges to the IHC, the attorney-general for Pakistan (AGP) Mansoor Usman Awan prayed to the court to declare the petitions inadmissible for the hearing.
A five-member bench, headed by Justice Muhammad Ali Mazhar, heard the petitions.
He argued that the judges who had been transferred needed not take fresh oath. “Those transferred to the IHC were not newly appointed judges. The apex court has already ruled that the seniority of a judge will be determined from the day of his or her appointment.”
He further said that not a single question was raised over the transfer of judges in the reports compiled by the chief justices of the four high courts and the registrar.
AGP Awan went on to say that the procedure for the transfer of judges had been clearly laid down in Article 200. “This is the judiciary, and not the executive, which has been given the veto power in this matter,” he said, adding that all chief justices approved of the transfer of the judges.
But Justice Salahuddin reminded him that the opinion was not sought from the chief justices on the seniority of these judges.
Disagreeing with him, the AGP said that seeking an opinion on the seniority was not necessary. “It was the then IHC’s chief justice’s job to determine the seniority of these judges,” he opined.
But Justice Salahuddin told him that the chief justice was not authorized to determine the seniority.
The judge said it was still to be determined whether the judges who had been transferred were of the IHC or their parent courts.
Justice Shakeel Ahmad asked what was the public interest in the transfer of judges?
Justice Naeem Akhtar Awan, on the occasion, remarked that the constitution was silent on the criterion set for the transfer of judges.
The bench, on the occasion, ordered that it be provided with the minutes of meetings of the judicial commission held on January 17 and February 10.
Addressing the AGP, Justice Muhammad Ali Mazhar said the bench wanted to know what had happened during these meetings.
The attorney general told him that the appointment of two additional judges was approved at a meeting held on January 17, while at the meeting held on February 10, Justice Aamer Farooq was appointed as a judge in the Supreme Court.
The case’s hearing was adjourned until May 29.
Reporter: Amanat Gishkori