IHC judge reserves judgment on appeal against tribunal’s decision to send back deputation judges

Justice Arbab said judges who were elevated from high court to SC also issued reserved decisions later

By Awais Yousafzai
May 03, 2025
A view of the Islamabad High Court building. — APP/File
A view of the Islamabad High Court building. — APP/File

ISLAMABAD: The Islamabad High Court has reserved its judgment on an appeal against the decision of the Islamabad District Judicial Service Tribunal to send back judges who came on deputation.

The court inquired the law officer to apprise it of the number of judges in Islamabad’s subordinate judiciary and judges who were working on deputation. After hearing the arguments of the parties, the court directed the amicus curiae to submit his arguments in writing.

The Islamabad High Court’s Justice Arbab Muhammad Tahir heard the case against the decision of the Islamabad District Judicial Service Tribunal with regard to sending back judges who came on deputation to the subordinate judiciary.

Advocate General Islamabad Ayaz Shaukat said that when the notification of the new tribunal was issued on March 18, the old tribunal came to an end. The old tribunal issued a summary decision in the case on March 21.

The high court observed that it has to examine whether the tribunal had the authority to make that order or not. Justice Arbab Tahir said that the tribunal has written that they had already reserved the decision.

The court observed that the tribunal is equal to the civil court and the civil court does not have the authority to nullify any law. After the new notification, the tribunal, which does not exist, could not have made the order.

Justice Arbab Tahir said judges who were elevated from the high court to the Supreme Court also issued reserved decisions later.

The lawyer for the petitioner judge said that there has been a demand for the transfer of judges from Islamabad to other provinces. Judges of provinces are constantly transferred within the province, but judges of Islamabad are not transferred.

The court inquired the counsel whether he is saying problems arise due to a judge staying in one place permanently and the judge’s personal likes and dislikes are involved. It reserved the decision after hearing the arguments.