Islamabad:
Sources said that the judges of the Islamabad High Court (IHC) have decided to challenge their representation. The petition is expected to be filed in the Supreme Court in the coming days.
According to sources, representation is trying to restore the IHC’s previous seniority structure. In addition, the petition will be called for the cancellation of the decision issued by Chief Justice Amar Farooq, who dismissed representation.
Chief Justice Amar Farooq had previously confirmed to place three judges transferred from three High Courts to the IHC, confirming their rankings in the second, ninth and 12th posts.
Five IHC judges challenged the new seniority list.
The Chief Justice ruled that the replaced judges would not need a new oath and that their elders would be calculated from the date of the first oath in the High Court. Accordingly, the new seniority list of IHC judges will remain unchanged.
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Justice Tariq Jahangiri was fourth, Justice Babar Sattar Fifth, Justice Sardar Ishak Khan Sixth, Justice Arbab Muhammad Tahir Seventh, Justice Suman Rifat Imtiaz Eighth, Justice Sumo Ninth, Justice Assam Khan 10, Justice Muhammad Asif 11 and Judge Muhammad Asif 11 and Judge Muhammad Asif 11.
Following the new list, Justice Gayani, Justice Jahangiri, Judge Sattar, Justice Khan and Justice Imtiaz submitted a representation to the Chief Justice, said the Constitution that Judge Toger could not be considered as an IHC judge.
Five judges said that Judge Toger was sworn in as the LHC judge. However, the IHC’s seniority list has already been listed as an IHC judge and placed him directly to the Chief Justice. They urged the Chief Justice to resolve the matter before the JCP meeting.
Sources said that the IHC had rejected the representation of the Chief Justice and instructed the IHC Registrar’s Office to report his decision on representation of all five judges. Accordingly, Judge Toger, who sworn in as a High Court judge in 2015, will be the senior Puisne judge of the IHC.
Written order
The Chief Justice of the IHC on Wednesday issued a written order on representing five judges against the revised seniority list after the transfer of three new judges to the IHC.
The Chief Justice ordered the Registrar’s Office to send copies to the concerned judges.
IHC’s judges including Mohsin Akhtar Gayani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ijaz Ishaq and Justice Saman Rabad Imtias.
According to the eight -page written directive, Mr. Justice Sardar Muhammad Sarfraz Dogur Lahore is a judge of the High Court (LHC, Mr. Justice Kadim Hussein Sumro Sumo Sumro Sumo, the Judge of the Palculator, Sindhu and Justice Muhammad Asif, as the Judge of the Palci Supreme Court. Served.
It added, “The transfer of the above judges has been done under Article 200 of the Constitution, which can be transferred from one High Court to another, but after consulting with the judge and the Chief Justice of Pakistan and the Chief Justice of the High Courts.”
It said, “Article 200 of the Constitution talks about transferring a judge from one High Court to another.” Appointment “and” Transfer “cannot be given the same meaning, and should be treated differently.”
The decision said, “The judges who have been transferred to this court do not have to take the new oath. It is clear from the mere reading of the announcement.”
“Section 222 of the Indian Constitution in India is completely different from us, but the transfer of judges is frequent.”
“Once a judge is sworn in as a judge of the Supreme Court, it should be noted that he continues to be a judge until he has been dismissed or resigned or died or raised as a judge. Pakistan’s Supreme Court. He is changed from it.”
The written order is, “The truth recommended in the third schedule refers to a particular High Court. The transfer of the new truth of the transplant has been forced at the time of the transfer.
Unlike India, we do not have a transmission policy, but the Constitution, especially that, provides, so that the transmission of Pakistan’s presidential constitution can be affected. There is no doubt that there is an opinion of the Internet senior within the Supreme Court, but there is also a concept of elderness among judges in different high courts, which is once appointed as a judge. “
“After the judges were transferred, this court was given a revised list of editors based on the 194, 196 & 20 articles of the Constitution.
It stated, “Because of the reasons-the representation of the company has been rejected and the eternal list is issued.
Meanwhile, the District Judicial Department of Islamabad, IHC Chief Justice and Justice Miangul Hassan Aurangzeb, and Justice Sardar Sarfraz Dogar held a party in memory of the Supreme Court candidates, and other judges transferred from different high courts to the IHC.
Eight IHC judges attended the event, and there were no five judges who sent representation on the issue.
