Five judges from the Islamabad High Court have filed an intra-court appeal against a recent Supreme Court decision about judges’ transfer and seniority, as Reported By Save Our Pak News Channel On Saturday.
This appeal was submitted in the Supreme Court by famous lawyer Munir A. Malik on behalf of the five judges. In the appeal, they have requested the court to cancel the decision made on June 19 and put it on hold until the final ruling is given.
It’s important to remember that the Supreme Court had issued a short verdict on June 19 about the transfer and seniority of three judges from the Islamabad High Court. The court, by a majority of three to two, declared the transfer legal and in line with the constitution.
The court also said that whether the transfer is permanent or temporary will be decided by the President of Pakistan. The matter of seniority was also sent to the President, asking him to make a quick decision.
This decision was supported by Justice Muhammad Ali Mazhar, Justice Shahid Bilal, and Justice Salahuddin Panhwar, while Justice Naeem Akhtar Afghan and Justice Shakeel Ahmed disagreed and wrote their own notes.
According to the verdict, until the President gives a final order, Justice Sarfraz Dogar will continue to serve as the Acting Chief Justice of Islamabad High Court.
The five-member bench of the Supreme Court was headed by Justice Muhammad Ali Mazhar, and also included Justice Naeem Akhtar Afghan, Justice Shahid Bilal, Justice Salahuddin Panhwar, and Justice Shakeel Ahmed. The bench had earlier reserved the verdict after hearing all sides, and then announced it.
It should be noted that Justice Sarfraz Dogar, Justice Muhammad Asif, and Justice Khadim Hussain Soomro were transferred to the Islamabad High Court. In response to this, five senior judges Justice Mohsin Akhtar Kayani, Justice Babar Sattar, Justice Tariq Jahangiri, Justice Sardar Ejaz Ishaq, and Justice Saman Rafat Imtiaz had filed a petition in the Supreme Court.
They argued that these transfers were against the rules of seniority and violated the constitution. The matter had also seen petitions from the founder of PTI and the Karachi Bar Association.
Now, with the filing of this intra-court appeal by the judges, the issue has once again entered a serious legal and constitutional phase.
Save Our Pak