ISLAMABAD: Pakistan’s lawyers’ apex body, the Supreme Court Bar Association (SCBA) has endorsed the appointment of judges to the Islamabad High Court (IHC) and has also welcomed the decision of President Asif Ali Zardari for transferring judges from Lahore, Sindh and Balochistan High Courts to the IHC.
According to SCBA, there have been several instances in the past where judges from one high court were transferred to another, in line with constitutional provisions. The association cited examples of Justice Sardar Aslam, Justice M. Bilal Khan, and Justice Iqbal Hameedur Rehman, who were transferred and later served as chief justices of the Islamabad High Court (IHC). SCBA emphasized that such transfers are made under Article 200 of the Constitution and should not be viewed as an anomaly.
Meanwhile, a video has been circulating on social media where Islamabad High Court Bar Association (IHCBA) President Riasat Ali Azad can be seen stopping lawyers from entering the Islamabad High Court (IHC) under the pretext of a protest call against the transfer and consequential appointment of three judges to the IHC from Lahore, Sindh and Balochistan High Courts.
The protest call has been issued by the Islamabad lawyer’s apex body, Islamabad Bar Council.
On January 15, Riasat Ali Azad while talking to WE News English had said that they would not tolerate any move to transfer and post judges from other high courts into the IHC.
The matter is getting heated when already a dominant number of lawyers opposing the 26th constitutional amendment primarily for the reason that it altered the appointment procedure for the judges in the superior judiciary. As far as the matter of transfer of high court judges is concerned, it is already enshirned in the constitution under article 200.
SCBA and SHCBA endorse government decision
Lawyers Apex body, Supreme Court Bar Association (SCBA) through a press release has endorsed the appointment of judges. Similarly Sindh High Court Bar Association has also welcomed the decision of the President Asif Ali Zardari for transferring judges from Lahore, Sindh and Balochistan High Courts. SCBA said that the transfer of judges made purely under Article 200 of the constitution.
There are examples such as Justice Sardar Aslam, Justice M Bilal Khan and Justice Iqbal Hameedur Rehman who became chief justices of the IHC after getting transferred.
Here is what prominent lawyers of the country have to say on the issue:
Mian Rauf Ata
Supreme Court Bar Association incumbent President Mian Rauf Ata, while talking to WE News English, said that under Article 200 of the constitution, the president of Pakistan has a right to transfer judges from one high court to another and if there is a malice we could only point this out had the procedure for these appointments not followed. For the transfers, the whole procedure given in the constitution was followed. President after due consultation took this step, the concerned high court chief gave their assent, the transferred judges also assented to taking up their new appointment. These appointments are in accordance with the spirit of Article 200 of the constitution and no judge has been removed from any of his postition.
Now the question who would be heading IHC that is covered under 175A of the constitution where a panel of three judges would come under consideration before judicial commission of Pakistan. The commission would evaluate their performance, legal and constitutional accumen and their rendered judgments.
As far as the call for protest is concerned that is issued by Islamabad Bar Council (IBC), they have reservations about these appointment and it is their democaratic right to lodge protests. IBC is autonomous in its decision. To a question whether Islamabad High Court judges could also be transferred to other high courts, Mian Rauf Ata said that it is possible but since Islamabad is a federal capital; therefore, judges from other provinces were transferred to the IHC.
Syed Amjad Shah
Member, Pakistan Bar Council (PBC) Syed Amjad Shah while talking to WE News English said that the lawyers should only protest when something happens against the law and the constitution. Under the law and constitution, transfer of the judges is possible and lawyers should not be protesting about it. Islamabad lawyers believe that the IHC should have judges from Islamabad alone, whereas, it is impossible as the city houses people from all across Pakistan. Now if they want a particular person to be appointed as IHC judge, I would say the lawyers should not vy for the personalities, they should rather strive for upholding law and constitution. For whatsoever reason, the judicial commission under the amended law has to choose among the panel of three for IHC chief justice. Had there not been an amendment made into the constituton, even then, there were less chances that the lawyer’s favourite would be appointed as chief jutice. Syed Amjad Shah said that the Lahore Bar should have had protested when at the third number of seniority list, Justice Aaliya Neelum was appointed as LHC chief justice but they did not. So I think the lawyers should only protest when there is something against the constitution.
Hafiz Ehsan Khokar
A well-known senior Supreme Court lawyer, Hafiz Ehsan Khokhar in a TV interview said that the process of transfer of the judges and their consequential appointment in the IHC has been duly completed under Article 200 of the constitution. Local Bar associaition and one of the IHC judge who would have been chief justice has legitimate expectations to be appointed as chief justice and it is IBC’s right to protest against these appointments.
Under Article 200 of the Constitution, a panel of three judges would be there for consideration to be appointed as IHC chief justice.
Justice Mohsin Akhtar Kayani is at number three in the seniority list.