'No concept of judges' permanent transfer'
The petitioners have contended that the June 20 verdict of a constitutional bench of the SC has misinterpreted the Constitution and wrongly inferred the concept of a permanent transfer from the Article 200 of the Constitution.
Article 200 of the Constitution deals with the transfer of high court judges. It outlines the process for transferring a judge from one high court to another.
According to the article, the president can transfer a judge, but only with their consent and after consultation with the chief justice of Pakistan and the chief justices of both high courts involved.
The petitioners have contended there is no provision of a permanent transfer of a superior court judge in the Constitution and only the Judicial Commission of Pakistan (JCP) is entitled to fill vacant positions in high courts and the apex court.
The petitions also argue that the president also does not have the authority to determine seniority of judges and urged the SC to revisit its order and declare it null and void.
In a majority verdict, an SC constitutional bench on June 20 upheld the transfer of three provincial high court judges to the IHC, noting that these transfers could not be declared new appointments.
However, the majority judges partially remanded the matter to the President of Pakistan to determine the seniority of the transferred judges after examining and vetting their service record "as soon as possible, including the question of whether the transfer is on a permanent or temporary basis".
Later on June 29, President Asif Ali Zardari named Justice Sardar Muhammad Sarfraz Dogar as the senior-most judge of the IHC, following a determination of judicial seniority.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Business Recorder
3 hours ago
- Business Recorder
IHC summons DIG, dy commissioner over plea against road closure
ISLAMABAD: The Islamabad High Court (IHC), Thursday, directed deputy inspector general (DIG) of Police (Operations) and deputy commissioner Islamabad to appear before the court in person in response to a petition filed against closure of a road due to Baloch protestors. A single bench of Chief Justice Sardar Sarfraz Dogar heard a petition of an owner of a petrol pump at F-6 who is aggrieved. He submitted due to continuing protest by Baloch in front of the press club. He argued that protests be managed that roads be opened so that business may not suffer. The counsel for the petitioner contended that his client runs a fuel station near National Press Club (NPC), located in Sector F-6/1, Islamabad and due to ongoing and indefinite protests in the area, several roads have been closed that have severely impacted the fuel station's operations. He added that the employees, suppliers, and even emergency vehicles are unable to access the premises. As a result, the counsel said the petitioner's business has become unsustainable and the indefinite access restrictions violate the petitioner's fundamental right of doing business protected by the Constitution of Pakistan, 1973. He added that while peaceful protest is a constitutional right under Article 16 of the Constitution, but, it cannot be exercised in a way that completely blocks public movement and effects uninvolved citizens and businesses. He also argued that it is the duty of the administration to regulate protests and ensure that traffic flows freely and access to both public and private properties is maintained and prolonged and unregulated blockades reflects a failure of this responsibility. After hearing the arguments, the IHC chief justice directed deputy inspector general of police (operations) Islamabad and deputy commissioner Islamabad to appear in person and assist this court as to what steps have been taken so far to address the matter. The case is adjourned until August 4. Copyright Business Recorder, 2025
Business Recorder
3 hours ago
- Business Recorder
Balochistan March will reach Islamabad if talks fail: JI chief
LAHORE: Chief of Jamaat-e-Islami Hafiz Naeem ur Rehman has said that the ongoing erosion of democratic values in the country is deeply alarming, warning that the state's persistent reliance on force to address political and constitutional issues only fuels instability. Addressing participants of the 'Haq Do Balochistan Ko Long March' outside the Lahore Press Club on Thursday, he stated that to prevent a major confrontation and avoid sending a negative message from Punjab to Balochistan, Jamaat-e-Islami opted for negotiations. However, he made it clear that if the federal government's negotiating committee fails to accept the demands of the march, he will personally join Maulana Hidayat ur Rehman in leading the caravan to Islamabad, accompanied by JI workers and supporters from across Punjab. Talking to reporters; Rehman urged the ruling elite to end injustice against the people of Balochistan, form a commission to address the issue of missing persons, and recognize the rightful claim of the province's people over their natural resources and minerals. He demanded the opening of border trade with Iran and called on the government to complete the Iran-Pakistan gas pipeline project without succumbing to U.S. pressure. He criticized the hypocrisy of powerful people that preach constitutionalism while themselves violating the Constitution. 'Those responsible for extrajudicial killings cannot teach others about the rule of law,' he said. 'Stop insulting the people of Balochistan in the name of security. Give respect to the Baloch. Rulers have no authority to distribute certificates of patriotism or treason.' JI Secretary General Ameerul Azeem and JI Balochistan Chief Maulana Hidayat ur Rehman also addressed the gathering. Other prominent leaders present included JI Punjab (Central) chief Javed Kasuri, JI Lahore head Ziauddin Ansari Advocate, Central Information Secretary Shakeel Turabi, and several others. Leaders from Jamaat-e-Islami's Women's Wing also joined the sit-in in solidarity, with Secretary General Dr. Humaira Tariq addressing the crowd. Criticizing the Punjab government's handling of the Long March, Rehman highlighted the stark contrast between the warm reception of the march by ordinary citizens from Fort Munro to Lahore, and the state's attempts to block a peaceful, democratic protest. 'Jamaat-e-Islami chose the path of dialogue to prevent any negative fallout, but dismantling police blockades would not have been difficult for us,' he said. 'Our history testifies that we have never surrendered before tyranny.' He added that despite the government's unparalleled incompetence, Jamaat-e-Islami decided to avoid exposing them further for the sake of national unity. 'For us, Pakistan is like a mosque — sacred and indivisible. We will not allow harm to come to it under any circumstances.' In response to a question; Hafiz Naeem ur Rehman called on the federal government to fulfill its commitment, form the promised committee, and accept the legitimate demands of the march. He emphasized that Jamaat-e-Islami will never compromise on the constitutional and democratic rights of the people. Expressing satisfaction over the growing awareness, he said the very presence of Baloch citizens in Lahore raising their voice is the result of Jamaat-e-Islami's struggle. He announced that in November, Maulana Hidayat ur Rehman will address a massive gathering at Minar-e-Pakistan during the Jamaat's All Pakistan Ijtema. He said the Form-47 rulers — representing elite impositions — have been thrust upon both Punjab and Balochistan. 'This systematic suppression of democratic norms must end. Problems solved through force don't bring peace — they breed resistance.' Copyright Business Recorder, 2025
Express Tribune
7 hours ago
- Express Tribune
PTI moves LHC against police raids, harassment
A senior member of Pakistan Tehreek-e-Insaf (PTI) has approached the Lahore High Court seeking protection for party workers and supporters allegedly facing harassment and illegal police raids ahead of the party's planned protest on August 5. The petition, filed by PTI leader Akmal Khan, names the Inspector General of Police Punjab, the Capital City Police Officer (CCPO) Lahore, DIG Operations, and Station House Officers of Shahdara and Ferozwala (District Sheikhupura) as respondents. The petitioner urged the court to restrain the police from conducting raids and harassing individuals participating in or mobilizing for the upcoming protest. In his plea, Khan argued that the Constitution grants every citizen the right to move freely, reside in any part of the country, and assemble peacefully — subject to reasonable restrictions imposed by law in the interest of public order. He emphasised that the right to form and be part of a political party is also protected under the Constitution, provided it does not operate in a manner prejudicial to the sovereignty or integrity of Pakistan. Citing Article 17 of the Constitution, the petitioner noted that any federal declaration regarding the illegality of a political party must be referred to the Supreme Court within fifteen days, and that only the court's decision in such matters is final. He requested the Lahore High Court to issue directions to police officials to stop harassing PTI workers and refrain from conducting raids at their homes without legal justification. The petition has been admitted for hearing, and the court is expected to issue a ruling after reviewing the stance of the concerned authorities.
