IHC judges oppose ‘move’ to appoint CJ from another high court

ISLAMABAD: Seven judges of the Islamabad High Court (IHC) Friday wrote a letter to Chief Justice of Pakistan (CJP) Yahya Afridi, expressing concerns over recent media reports claiming that a transferred judge would be considered for the post of chief justice of the federal territory’s court.

“We, the undersigned justices of the Islamabad High Court are writing in view of widely reported news by the media that has since been addressed by multiple bar associations as well, that a justice from the Lahore High Court is to be transferred to the Islamabad High Court. This transferred judge would then be considered for appointment as the Chief Justice of the Islamabad High Court,” the IHC judges wrote.

The letter comes as incumbent Chief Justice Aamer Farooq is being considered for elevation to the Supreme Court. The Judicial Commission of Pakistan (JCP), scheduled to meet on Feb 10, would pick eight judges from five high courts.

Traditionally, the senior puisne judge of a high court is appointed as the chief justice. However, the JCP last year introduced new rules to bypass the seniority criterion following the enactment of the 26th Amendment.

The judicial commission proposed that the chief justice of a high court could be appointed from among the panel of five senior-most judges.

In the letter, the IHC judges noted that there have also been reports that a proposal to transfer another judge from Sindh High Court to IHC may also be under consideration.

The letter noted that the process of transfer from one high court to another is governed by Article 200 of the Constitution, which provides, under sub-clause (1), that “[1] The President may transfer a Judge of a High Court from one High Court to another High Court” but only “after consultation by the President with the Chief Justice of Pakistan and the Chief Justices of both High Courts.

“Any transfer, such as the one being reported, can only happen after the President consults with the Chief Justice of Pakistan and the respective Chief Justices of both, the court from where the judge is being transferred, and the court to which the judge is being transferred,” it stated.

Citing Al-Jehad case, the IHC judges said that this process of consultation, as enunciated by the Supreme Court, necessarily entails that it be “effective, meaningful, purposive, consensus-oriented, leaving no room for complaint of arbitrariness or unfair play”.

Earlier, a news report said that lawyers of Islamabad came out against the appointment of the chief justice of the IHC from another high court. They demanded that no judge other than the judges of the Islamabad High Court be made the IHC chief justice.

President Islamabad High Court Bar Association Riasat Ali Azad and President Islamabad Bar Association Naeem Ali Gujjar issued a joint statement on behalf of both the bars in which the authorities have been warned that no judge other than the judges of the IHC should be appointed chief justice of the high court. They also hinted at a nationwide protest call if the demands of the lawyers were not met.

Meanwhile, Law Minister Azam Nazir Tarar and Attorney General for Pakistan (AGP) Mansoor Usman Awan met CJP Yahya Afridi in his chambers. Chief justice of the Peshawar High Court and other Supreme Court judges were also present.

Sources say that during the meeting, discussions were held about Saturday’s meeting of the Judicial Commission of Pakistan (JCP) to appoint additional judges to the Peshawar High Court.

In this regard, the law minister said a meeting was always held before the meeting of the JCP and that meeting was being held on Friday for appointment of additional judges to the PHC.

Separately, Adviser to the Prime Minister on Law and Justice Barrister Aqeel Malik clarified that under Article 200 of the Constitution, the President has the authority to transfer judges between high courts, provided the transfer is made in consultation with the chief justices concerned. Speaking in Geo News programme Aaj Shahzeb Khanzada Ke Saath on Friday, Malik said that judicial transfers should not be confused with fresh appointments. “A transferred high court judge does not require a fresh oath, and only the judge’s consent is necessary for the transfer,” he stated.

Addressing concerns over alleged manipulation of the Islamabad High Court (IHC) through judicial transfers, Malik dismissed the claims as misleading. He pointed out that transferring judges between high courts is not unprecedented, and has occurred in the past.

Responding to a question about a judge ranked 15th in one high court being moved to the top of the seniority list in another, Malik asserted that all high courts hold equal standing before the federal government and the law ministry. However, he noted that a transferred judge should not be placed at the bottom of the seniority list without considering their tenure in the previous high court.

“These discussions are largely based on speculations,” he said, urging patience until the judicial appointment process was finalised. “The Constitution is supreme, and no action will be taken outside its framework,” he added.