Judicial Reshuffle in Islamabad High Court Triggers Legal Protests

• The legal community called for a protest against the transfer of judges from the Lahore and Sindh High Court to the Islamabad High Court and their appointment to different positions.
• The lawyers declare the transfer unconstitutional and strive to halt the process.

New duty roster unveiled:

The Islamabad High Court (IHC) introduced significant changes in the judiciary. The Apex court has released its duty roster for the upcoming week. The court has assigned the key benches to the new appointments of three judges. Justice Sarfraz Dogar has been elevated as the senior Judge.

Justice Dogar is now leading Bench 2. Previously, the position was led by the most senior Judge of the high court. Justice Mohsin Akhtar Kayani, who previously occupied this role, has been reassigned to Bench 3.

Judicial appointments raise concerns:

The legal community raised concerns about the reshuffle of Judges. The Apex court judges, however, opposed the transfer of Justice Dogar. They warned that Dogar’s appointment as the new Chief Justice could violate constitutional procedures.

Also Read: Judicial Controversy: IHC Judges Oppose Judge’s Transfer

The news circulating in the air regarding the transfer of Justice Dogar to the IHC and appointment as the new Chief Justice. On February 10, the Judicial Commission of Pakistan (JCP) will finalize key judicial appointments.. 

New bench assignments:

Justice Kayani was the most senior Judge after the chief justice. He is now leading Bench 3. Justice Khadim Hussain Soomro from the Sindh High Court takes charge of Bench 9. Justice Muhammad Asif from the Balochistan High Court heads Bench 12.

The new judges will begin hearing cases on Monday. The 6 division benches and 13 single benches will conduct hearings from February 3 to February 7. However, Justice Saman Rafat Imtiaz will not be available on February 7.

Constitutional basis for transfer:

The transfer of Justice Dogar was made under Article 200 of the Constitution. According to the law, the President can transfer a high court judge after the mutual acceptance of the President and the Chief Justices of high courts and Pakistan. Dogar’s name will be considered for the chief justice position under JCP rules. 

Earlier, Lahore High Court judges like Justice Sardar Mohammad Aslam, Justice Bilal Khan, and Justice Iqbal Hameed ur Rehman were transferred to the IHC and later appointed as chief justices.

Lawyers announce strike:

The legal community opposed the transfer of Judges from other courts to IHC. The lawyers announced the protest against these judicial appointments. On Sunday, the Islamabad Bar Council, Islamabad High Court Bar Association, and Islamabad District Bar Association held a joint meeting. They announced a strike for Monday in district courts and the IHC. The legal community declared the transfer procedure unconstitutional and vowed to challenge the decision through legal and constitutional avenues.

Call for Judicial independence:

The legal community demands that all 16 Supreme Court judges hear the Bar Association’s petition against the 26th Constitutional Amendment. They blame the JCP’s decision. They strongly condemned the transfer of Judges in favor of ruling parties and the establishment. Lawyers insisted that the IHC chief justice must be appointed based on seniority to ensure merit and fairness.

Opposition to PECA amendments:

The legal community also opposes amendments to the Prevention of Electronic Crimes Act (PECA). They claim these amendments threaten freedom of expression and press freedom.

All Pakistan lawyers’ convention:

An All Pakistan Lawyers’ Convention will be held on February 3 at the District Judicial Complex in G-11/4, Islamabad, to strategize future actions. The convention aims to unite the legal community against perceived judicial overreach. The situation remains tense as lawyers continue their fight for judicial independence and transparency in judicial appointments.