Islamabad: The Supreme Court constitutional bench on Thursday rejected five filed petitions of the Islamabad High Court (IHC) judges as it announced verdict of the judges transfer case.
The verdict was announced by Justice Muhammad Ali Mazhar, who was heading the five-member constitutional bench hearing petitions filed by five IHC judges, the Karachi Bar Association (KBA), the IHC Bar Association, and others against the transfer of Justice Sarfraz Dogar from the Lahore High Court, Justice Khadim Hussain Soomro from the Sindh High Court, and Justice Muhammad Asif from the Balochistan High Court. The three judges were among those transferred to the IHC.
The bench also comprises Justice Naeem Akhtar Afghan, Justice Shahid Bilal Hassan, Justice Salahuddin Panhwar and Justice Shakeel Ahmed.
The Court in its remarks said that the transfers of judges are not unconstitutional while the decision was given with a majority of 3-2.
Justice Ali Mazhar , Justice Shahid Bilal and Justice Salah Uddin aggreed the majority verdict. While Justice Naeem Akhtar and Justice Shakil Ahmed opposed the decision.
Justice Muhammad Ali Mazhar retained notification of the judges transfer after rejecting the petitions.
The top court had taken up the matter on April 17 and conducted 19 hearings since then.
In its 3-2 majority verdict today, the apex court disposed of the multiple petitions with Justice Mazhar, Justice Hassan and Justice Panhwar ruling to set aside the pleas.
Justice Afghan and Justice Ahmad, however, allowed the petitions and set aside the notification of judges’ transfer.
In the majority verdict, it said that the judges transfer is not against the constitution and we are not declaring the notification null and void.
The decision urged the President of Pakistan to decide the seniority matter at the earliest while the the court sent back judges seniority issue to the President.
