Sindh High Court Bar Lauds Transfer Appointments

Bar association terms president’s move a step towards restoring the federal character of the court

Mon Feb 03 2025
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Key points  

  • President appoints three judges to Islamabad High Court
  • Islamabad’s legal fraternity opposes
  • Pakistan’s constitution empowers the president

ISLAMABAD: The Sindh High Court Bar Association (SHCBA) has welcomed the recent transfer of judges to the Islamabad High Court (IHC) from smaller provinces by Pakistan President Asif Ali Zardari under Article 200 of the constitution.

The association termed the move a “significant step” towards restoring the federal character of the IHC.

Previously, President Zardari approved the transfer of one judge each from the Lahore, Sindh, and Balochistan high courts to the IHC.

However, the decision drew flak from senior judges of the IHC and the Islamabad Bar Council (IBC).

In contrast, the SCBA contended that the court was originally established to ensure equal representation from all provinces, including smaller ones like Sindh and Balochistan.

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“When the IHC was initially constituted, it was designed to reflect the diversity of the nation by including one judge from each province, alongside a judge from Islamabad,” the communique read.

This structure was intended to uphold the principles of federalism and ensure that the voices of all regions, including smaller provinces, were represented in the federal capital’s judiciary.

When the IHC was initially constituted, it was designed to reflect the diversity of the nation by including one judge from each province, alongside a judge from Islamabad.” – Sindh High Court Bar Association

However, over time, this federal character, according to SCBA, was diluted, leading to a lack of proportional representation from Sindh and Balochistan.

Judges’ appointment

The president of Pakistan had approved the transfer of one judge each from the Lahore, Sindh and Balochistan high courts to the IHC.

Following the approval, the federal ministry of law issued an official notification, paving the way for the execution of the orders.

According to the notification, Justice Sarfraz Dogar from the Lahore High Court, Justice Khadim Hussain Soomro from the Sindh High Court and Justice Muhammad Asif from the Balochistan High Court were reassigned to the IHC.

Outcry

Following the appointment, five judges of the IHC had written a letter to the chief justice of Pakistan and the chief justices of respective high courts, expressing their concerns over the appointment of judges from other courts to the IHC.

The letter, co-signed by senior judge Justice Mohsin Akhtar Kayani and others, emphasised that judges should not be appointed from other high courts but rather from among the senior judges of the IHC itself.

However, the SCBA urged the IBC and the legal fraternity of Islamabad to extend their full support and welcome judges from smaller provinces.

“Any negative remarks or resistance to this move would not only undermine the principles of federalism but also hurt the sentiments of the people of Sindh, including its legal community,” the bar said.

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