Pakistan Tehreek-e-Insaf (PTI) founding chairman Imran Khan has filed a petition in Pakistan’s Supreme Court docket, difficult the latest switch of judges, calling it unconstitutional and illegal.
The petition, submitted below Article 184(3) of the Structure, argues that the switch notification violates judicial independence. Imran has requested the courtroom to declare the notification null and void.
The federal authorities and the registrars of the excessive courts in Lahore, Sindh, Balochistan, and Islamabad have been named as respondents within the case.
Imran’s plea seeks a directive from the Supreme Court docket to make sure compliance with authorized precedents, together with the landmark Al-Jehad Belief case, which set tips for judicial appointments and transfers.
The petition emphasises that judicial transfers should adhere to constitutional rules and should not be influenced by exterior pressures. It additionally requires a strict observance of judicial autonomy.
The problem comes amid heightened tensions between Imran’s celebration and the federal government, with the judiciary typically on the centre of political controversies. Authorized specialists imagine the case might check the Supreme Court docket’s stance on judicial independence.
Imran’s authorized workforce argues that the transfer might impression truthful trials and judicial neutrality, urging the highest courtroom to intervene instantly.
Final month, the judges of the Islamabad Excessive Court docket (IHC) determined to problem the rejection of their illustration.
The illustration seeks the restoration of the earlier seniority construction of the IHC. Moreover, the petition will request the annulment of the choice issued by IHC Chief Justice Aamer Farooq, who had dismissed the illustration.
Chief Justice Aamer Farooq had beforehand upheld the location of three transferred judges to the IHC from three different excessive courts, affirming their rankings on the second, ninth and twelfth positions within the seniority record.
The brand new seniority record was challenged by 5 IHC judges.
The chief justice dominated that the transferred judges didn’t require a contemporary oath and that their seniority could be counted from the date of their first oath within the excessive courtroom. Accordingly, the brand new seniority record of IHC judges will stay unchanged.
On February 1, the judges’ power on the IHC elevated with the switch of Justice Sarfaraz Dogar from the Lahore Excessive Court docket (LHC), Justice Khadim Hussain Soomro from the Sindh Excessive Court docket and Justice Muhammad Asif from the Balochistan Excessive Court docket.
Later, on Feb 4, a revised seniority record was issued, designating Justice Sarfaraz Dogar because the senior puisne decide, adopted by Justice Mohsin Akhtar Kayani because the second senior-most decide and Justice Miangul Hassan Aurangzeb within the third place.
Justice Tariq Jahangiri was within the fourth place, Justice Babar Sattar fifth, Justice Sardar Ishaq Khan sixth, Justice Arbab Muhammad Tahir seventh, Justice Suman Riffat Imtiaz eighth, Justice Soomro ninth, Justice Azam Khan tenth, Justice Muhammad Asif eleventh and Justice Inam Amin Minhas twelfth.
Following the brand new seniority record, Justice Kayani, Justice Jahangiri, Justice Sattar, Justice Khan and Justice Imtiaz submitted a illustration to the chief justice, saying that Justice Dogar couldn’t be thought-about an IHC decide till he took oath as required below Article 194 of the Structure.
The 5 judges stated Justice Dogar had solely been sworn in as a LHC decide. Nonetheless, the IHC’s seniority record already listed him as an IHC decide, inserting him instantly under the chief justice. They urged the chief justice to resolve the matter earlier than the JCP assembly.
Sources stated the IHC chief justice rejected the illustration and instructed the IHC registrar’s workplace to tell all these 5 judges about his choice on the illustration. Accordingly, Justice Dogar, who took oath as a excessive courtroom decide in 2015, could be the senior puisne decide of the IHC.