ISLAMABAD: Supreme Court (SC) constitutional bench has adjourned hearing of judges transfer case till today (Tuesday). Justice Muhammad Ali Mazhar head of the bench remarked all the talk is focusing on the powers of president in the court. No one talked about the act prior to president powers. Every line laid down in constitution has meaning and purpose. The courts decisions are there that seniority will be counted from date of appointment. If a judge comes to high court on transfer then what about his previous seniority. Judges seniority case came up for hearing before a 5-member SC constitutional bench presided over by Justice Muhammad Ali Mazhar Monday. ONLINE
Barrister Salah ud Din said if transfer is made from one department to other department in civil service then seniority is affected. On the other hand there is neither principle of deputation is in place in judiciary nor the principle of merging of judge to any other court is in vogue.
Justice Muhammad Ali Mazhar remarked principle of deputation or amalgamation of employee in department is there in civil service but no principle is there of deputation or merging of judge in any other court in judiciary.
The counsel argued if we review service structure then we come to know that if cadre is one and the same then seniority is not affected but if cadre is separate then seniority is affected.
He however made it clear here the matter is judges seniority and transfer. Therefore, civil service rules don’t apply here directly.
Justice Muhammad Ali Mazhar remarked court’s decisions are there that seniority will count from date of appointment.
The court said if Judicial Commission (JC) recommends to sack some judge then will president apply his mind.
Barrister Salah ud Din said president will have to apply his mind on the advice of political government. If judicial council recommends for sacking judge then president will have to act upon it.
Barrister Salah ud Din said as per rules of Islamabad High Court three senior judges included in administrative committee. Following the transfer, Justice Sarfraz Dogar and justice Khadim Soomro joined the committee. While they had two days experience. Later the rules were amended . Two other judges were included in committee with chief justice.
The court adjourned the hearing of the case till today (Tuesday).
