The destiny of the three transferred judges to the Islamabad High Court (IHC) is now in the hands of the Supreme Court.

A turning point in judicial history:

The transferred judges of IHC did not appoint any lawyer to defend themselves in the court. They have left the matter to the Supreme Court and are waiting for the verdict. They have decided that whatever the court decides, they will accept that decision. This bold decision has added fuel to an already heated debate about judicial independence, constitutional procedure, and the role of top government figures in the appointment of judges. The five IHC judges, however, challenged the transfer of these judges to the IHC. Though, the President assured that the transfer was done under Article 200(1) of the constitution.

A silent protest:

Attorney General for Pakistan (AGP) Mansoor Usman Awan informed the Constitutional Bench(CB) about the request of the three transferred Judges. He said that the judges do not want to hire any lawyer to defend their stance in the court. Instead, they are ready to accept the Apex court’s decision. This move can be interpreted as a silent protest. It may signal their dissatisfaction with their transfer procedure or their confidence in the judiciary.

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A bench of power and principle:

Justice Muhammad Ali Mazhar is leading the five member Constitutional Bench(CB). These Judges include Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, and Justice Saman Rafat Imtiaz. These judges filed a petition in which they showed their disagreement with the oath-taking procedure or the transfer of these judges to the IHC. They argue that the transferred judges should not be treated as part of the IHC unless they retake their oath under Article 194 of the constitution.

KPK stands with CB:

The KPK government is also supporting the constitutional bench’s stance. According to their stance, the transferred procedure of these judges undermines the Judicial Commission of Pakistan (JCP) and violates constitutional principles. They believe the proper legal procedure for appointments and transfers was bypassed, which compromises both the authority of the judiciary and the federal structure of the Constitution.

Confusion over judicial appointments:

Justice Dogar is currently performing the duty of the acting CJ of the IHC. In a recent hearing, the judges asked whether the JCP scheduled any meeting to appoint the permanent CJ of IHC. Upon this, the AGP replied that no such meeting was scheduled yet. However, the JCP has called out a meeting on May 2 to appoint the Peshawar and Balochistan High Court judges. Lawyer Muneer A. Malik pointed out that the government had submitted a brief statement in court. However, some important documents were missing. The AGP then assured to submit the complete record of the transfers.

Twist in the IHC Bar Association’s role:

The Islamabad High Court Bar Association (IHCBA) decided to withdraw its petition. According to Advocate on Record Anees Mohammad Shahzad, the association no longer felt like an aggrieved party since the IHC judges themselves had filed petitions. A resolution passed on April 15 confirmed this withdrawal. Moreover, the Supreme Court accepted it. Despite withdrawing the petition, some confusion arose. Senior Lawyer Faisal Siddiqui stated that he was not consulted about the withdrawal. Similarly, former IHCBA president Riasat Ali Azad claimed he had filed the petition with the approval of the association’s managing committee.

Court orders and next steps:

The Constitutional Bench instructed the advocates general of all provinces and Islamabad Capital Territory to coordinate with the registrars of their respective high courts. They were asked to file detailed responses till the next hearing. The court has decided to begin daily hearings from Tuesday thus indicating the urgency and importance of the matter.