ISLAMABAD: Pakistan’s President Asif Ali Zardari this week approved the transfer of three judges from the high courts of Sindh, Balochistan and Lahore to the Islamabad High Court (IHC), despite opposition from five IHC judges who had warned that the decision would not be in line with the constitution.
As per a notification from the Ministry of Law and Justice on Saturday, Zardari approved the transfers of Justice Sardar Muhammad Sarfraz Dogar from the Lahore High Court (LHC), the Sindh High Court’s (SHC) Justice Khadim Hussain Soomro and the Balochistan High Court’s (BHC) Justice Muhammad Asif to the IHC.
Local media reports had stated the government was considering transferring Justice Dogar as it wanted to elevate him to the post of IHC chief justice. Reports said incumbent IHC Chief Justice Aamer Farooq is expected to be elevated to the Supreme Court.
Five of the 10 IHC judges formally opposed Justice Dogar’s transfer on Friday. In a letter addressed to the chief justices of the Supreme Court, IHC, LHC and SHC, the judges said that if the decision to transfer the judge was to consider him as IHC chief justice, it would be “fraud on the constitution.”
In a notification released on Saturday, the Ministry of Law and Justice announced:
“In exercise of the powers conferred under clause I of Article 200 of the Constitution of the Islamic Republic of Pakistan, the President of the Islamic Republic of Pakistan is pleased to transfer:
Mr. Justice Sardar Muhammad Sarfraz Dogar, judge from the Lahore High Court to the Islamabad High Court, Mr. Justice Khadim Hussain Soomro judge from the Sindh High Court to the Islamabad High Court and Justice Muhammad Asif judge from the Balochistan High Court to the Islamabad High Court.”
Pakistan’s constitution empowers the president to transfer a judge from one high court to another after the concerned judge consents to the decision. The president can approve the transfer after consulting the chief justice of Pakistan and the chief justice of both high courts.
The Islamabad Bar Council unanimously rejected the president’s decision in a statement on Saturday.
“This decision is an affront to the independence of the judiciary and undermines the rights and representation of the legal fraternity in Islamabad,” the council wrote in a press release.
The council said it has convened an Emergent General House Session at 11:00 am on Sunday, along with the Cabinets of the Islamabad High Court Bar Association and the Islamabad District Bar Association, to deliberate on the “future course of action.”
“The Islamabad Bar Council urges the legal fraternity to unite in this critical time to uphold the sanctity of the judiciary and protect the interests of the Islamabad’s legal practitioners,” it added.
