legal maters
ISLAMABAD
The Supreme Court (SC) constitutional bench while announcing judgment of important constitutional case related to judges seniority and transfer has wrapped up petitions of Islamabad High Court (IHC) judges remarking judges transfer is not unconstitutional. The court rejected the petitions of judges by a 3-2 majority. The five-member bench, headed by Justice Muhammad Ali Mazhar, concluded hearings on the case earlier. Justice Muhammad Ali Mazhar, Justice Shahid Bilal, and Justice Safdar Ali Shah Panwar agreed in the majority judgment, declaring that judges’ transfers are not unconstitutional.
Justice Naeem Akhtar Afghan and justice Shakil Ahmad disagreed with the decision besides accepting the plea of IHC judges.
The court said that without touching the notification related to transfer partly we remand the matter of seniority of judges to the president.
3 judges declared the transfer of judges constitutional.
It was said in court’s decision that Safraz Dogar will continue to work as acting Chief Justice (CJ) IHC.
It has been further said in majority decision the notification issued by the president on transfer of high court judges is as per law.
Justice Shakil Ahmad gave dissenting note.
It has been said in dissenting note transfer of judges in IHC is declared null and void. President violated constitution in the matter related to transfer. The constitution does not allow to make transferred judge as judge of high court on permanent basis. Judges were transferred in haste and causes were also not given. Transfer of judges in IHC was based on malafide intent.
