ISLAMABAD: The Supreme Court has postponed the hearing of a significant case concerning the transfer of judges until May 29.
The case is being heard by a five-member constitutional bench led by Justice Muhammad Ali Mazhar. During the proceedings, various legal and constitutional issues were discussed.
In the hearing, Attorney General and other parties presented their arguments. The Attorney General stated that no new appointments of judges have been made in the Islamabad High Court yet, and that there is no need to take a new oath for transfers because such transfers were governed under Article 200 of the Constitution. He also clarified that the Supreme Court has already ruled that seniority will be counted from the date of appointment.
It was also emphasized during the proceedings that the seniority of judges was determined by Chief Justice Amir Farooq, and reports from other high court chief justices and registrars did not object to the transfers. Additionally, there was no mention of representation of judges, and petitioning lawyers did not raise this issue in their arguments.
The court also discussed whether judges will take fresh oaths or not, and examined the procedures for appointments and transfers under Article 175A of the Constitution.
The Attorney General highlighted that transfers are made in the public interest, and notifications regarding these transfers did not specify whether they are temporary or permanent.
Questions were raised regarding the seniority and transfer procedures of certain judges. Justice Naeem Afghan and Justice Salahuddin observed that the procedures under Article 200 and its subsections are not entirely clear, and some transfers may be temporary or permanent. They also noted that no objections were raised regarding the transfers and that consent was obtained.
The court scheduled the next hearing for May 29, during which Munir A. Malik and Faisal Siddiqui will also present their arguments. Additionally, minutes from the Judicial Commission meetings held on January 17 and February 10—covering appointments of additional judges in Islamabad High Court and transfers of Supreme Court judges—were summoned.
It was also revealed during the proceedings that consideration is ongoing regarding Justice Dogar’s appointment; despite being included in the list, no formal action has been taken on his appointment. The court has adjourned the case until May 29 for further proceedings.
