IHC judges’ lawyer says cabinet nod was not sought for judges’ transfer

Munir A. Malik, counsel for the Islamabad High Court (IHC) judges, on Wednesday said that the executive had the authority to transfer judges, reported 24NewsHD TV channel. 

During the hearing of the petition filed by the IHC judges against the transfers of three judges to the high court, the lawyer questioned, “How would the executive exercise that power?”  

A five-member constitutional bench, headed by Justice Muhammad Ali Mazhar, heard the plea.

Other members on the bench were: Justice Naeem Akhtar Afghan, Justice Shahid Bilal, Justice Shakil Ahmad and Justice Salahuddin Panwar. 

Justice Mazhar asked whether any condition had been laid down for the executive to exercise that power.

Malik replied that there could be a judicial review of this executive authority. 

The lawyer further said that the summary of the transfer of judges, drafted by the Law Ministry, was sent to the prime minister, who then forwarded it to President Asif Ali Zardari, was not presented at the federal cabinet’s meeting for approval. “Furthermore, there are discrepancies in the summary,” he said, and added, “The law secretary wrote to the IHC chief justice (CJ) that nobody from Sindh had been transferred to the high court. The same was the content of the letter written to the chief justice of Pakistan (CJP).”

Malik was of the view that discrepancies in the summary showed a non-serious attitude on the part of the government. 

Later, the case’s hearing was adjourned until May 7.

Reporter: Amanat Gishkori