Judges' transfer: IK challenges order of SC CB
The former prime minister, on Friday, filed an Intra-Court Appeal (ICA) under Section 5 of the Supreme Court (Practice and Procedure) Act, 2023, read with Article 184(3) of the Constitution, praying to set aside the impugned order dated 19-06-2025.
The Constitution Bench on June 19, 2025 by majority of 3 to 2 held that transfer of judges under Article 200 is within the framework of the Constitution, and transfer (permanently or temporarily) cannot be construed as a fresh appointment.
The bench without upsetting the notification of transfer of judges in the IHC remanded the matter of seniority to the president of Pakistan to determine the seniority after examining/vetting the service record of the transferee judges as soon as possible, including the question of whether the transfer is on a permanent or temporary basis.
The petitioner contended that the constitutional bench erred in remanding the matter to determine whether the transfer was 'temporary' or 'permanent'. This is a judicial question, and delegating it to the president undermines judicial autonomy and violates the principle of separation of powers.
He stated that the Constitutional Bench failed to appreciate the distinction between the term 'functions' and 'powers' of the president under the Constitution.
Copyright Business Recorder, 2025
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Express Tribune
3 hours ago
- Express Tribune
Shah Mahmood Qureshi acquitted, Yasmin Rashid sentenced to 10 years in May 9 case
Listen to article An Anti-Terrorism Court (ATC) in Lahore has acquitted six Pakistan Tehreek-e-Insaf (PTI) leaders, including Shah Mahmood Qureshi and Hamza Azeem, in connection with the May 9 riots, while sentencing 10 others, including Dr Yasmin Rashid and Mian Mehmood-ur-Rasheed, to 10 years in prison on Tuesday. The court delivered its verdict in the case concerning inflammatory speeches and vandalism at the Sherpao Bridge. The court, which had completed final arguments from both the defence and prosecution, reserved its decision before announcing the ruling. The verdict stated that the ATC acquitted Qureshi, Azeem, and four other accused individuals due to insufficient evidence. However, the court found 10 others guilty and handed down 10-year prison sentences for their role in the violence that followed the arrest of PTI founder Imran Khan. The case involves violent protests and damage caused to public and private property, including incidents of arson and vandalism, that erupted on May 9, following the arrest of the former prime minister. Earlier, an ATC in Sargodha sentenced Opposition Leader in the Punjab Assembly, PTI's Malik Ahmed Khan Bhachar, and other party workers to 10 years in prison each. They were found guilty of involvement in creating law and order disturbances, anarchy, and arson during the May 9 riots, which erupted following the arrest of PTI founder Imran Khan. The ATC judge delivered the verdict after hearing detailed arguments and finding that the prosecution had established its case. The defence counsels argued that the accused were not involved in the charges brought against them, claiming that these were politically motivated cases. May 9 Riots The May 9 riots erupted nationwide following the arrest of former prime minister Imran Khan, after which PTI leaders and workers staged protests targeting both civil and military installations, including Jinnah House and the General Headquarters (GHQ) in Rawalpindi. The military condemned the events as a "Black Day" and decided to try the protesters under the Army Act. As a result of the unrest, many PTI members were arrested and tried in military courts. In December, a military court convicted 25 individuals, including Imran Khan's nephew, Hassan Khan Niazi, and later sentenced 60 more. In January, 19 convicts had their sentences pardoned following successful mercy appeals, although PTI expressed dissatisfaction over the limited number of pardons. The military trials had initially been halted following a Supreme Court ruling but were resumed following the court's instructions to finalise pending cases and announce judgments for those involved in the violent incidents.
Express Tribune
8 hours ago
- Express Tribune
Punjab assembly opposition leader, PTI supporters sentenced in May 9 violence case
Listen to article An Anti-Terrorism Court (ATC) in Sargodha sentenced PTI Opposition Leader in the Punjab Assembly, Malik Ahmed Khan Bhachar, and other party workers to 10 years in prison each on Tuesday. They were found guilty of involvement in creating law and order disturbances, anarchy, and arson during the May 9 riots, which erupted following the arrest of PTI founder Imran Khan. The ATC judge delivered the verdict after hearing detailed arguments and finding that the prosecution had established its case. The defense counsels argued that the accused were not involved in the charges brought against them, claiming that these were politically motivated cases. They further stated that no substantial evidence was available to link their clients to the offences outlined in the FIR. Read More: Imran involved in May 9 conspiracy, rules LHC However, the prosecution countered by presenting concrete evidence establishing the involvement of the accused. They argued that the defendants incited public unrest, leading to violent incidents across the country. The FIR included charges under anti-terrorism laws related to vandalism, arson, and inciting riots during protests that followed Imran Khan's arrest. According to court proceedings, the accused were found guilty of damaging public property, setting buildings on fire, and causing unrest. The ATC handed down the sentence after a thorough examination of the evidence, witness statements, and police reports. 'Black day of democracy' PTI's Deputy Opposition Leader in the Punjab Assembly, Moeen Riaz Qureshi, termed the sentences handed down by the ATC court as the 'black day of democracy,' stating that lawmakers, including the opposition leader of the largest province, were unlawfully sentenced based on fabricated evidence and witnesses. Also Read: PTI MNA, ex-MPA among 11 convicted in May 9 rioting case He emphasized that every child in Pakistan is aware of the fate of these cases and that the public is fully informed about the court's conduct. PTI will challenge the ATC court's decision in the appellate court. Malik Ahmad Khan Bhachar, the opposition leader, will continue to serve as the opposition leader in the future. PTI's Chief Whip in the Punjab Assembly, Rana Shahbaz Ahmad, stated that such decisions would not force them to bow down, as they stand firm for a cause and the future of the nation. May 9 Riots The May 9 riots erupted nationwide following the arrest of former prime minister and PTI founder Imran Khan, after which PTI leaders and workers staged protests targeting both civil and military installations, including Jinnah House and the General Headquarters (GHQ) in Rawalpindi. The military condemned the events as a "Black Day" and decided to try the protesters under the Army Act. As a result of the unrest, many PTI members were arrested and tried in military courts. In December, a military court convicted 25 individuals, including Imran Khan's nephew, Hassan Khan Niazi, and later sentenced 60 more. In January, 19 convicts had their sentences pardoned following successful mercy appeals, although PTI expressed dissatisfaction over the limited number of pardons. The military trials had initially been halted following a Supreme Court ruling but were resumed following the court's instructions to finalize pending cases and announce judgments for those involved in the violent incidents.
Business Recorder
19 hours ago
- Business Recorder
LHC halts auction of long-leased shops in Jaranwala
LAHORE: The Lahore High Court on Monday barred authorities from going ahead with the planned auction of dozens of commercial shops in Jaranwala after tenants filed a writ petition challenging the legality of the move. Justice Malik Javaid Iqbal Wains issued a stay order, suspending the auction scheduled for July 25, 2025, and sought replies from the concerned government departments. The petition was filed by 40 shopkeepers through Advocate Chaudhry Shoaib Saleem. The petitioners, many of whom have been operating businesses at the premises since before or shortly after the creation of Pakistan, argued that the auction violated their tenancy rights and existing agreements with the municipal authorities. According to the petition, some of the shops were constructed in 2005 by the tenants themselves under a public-private partnership, while others were built by the local administration and allotted to tenants through oral and subsequently written agreements. Ch Shoaib Saleem argued that they the petitioners entered into formal tenancy agreements with the municipal corporation in December 2023, in accordance with Punjab Local Government policies and a notification issued by the Secretary of Colonies on September 30, 2019. They added that all tenants were up to date with rent payments, which included a 10% annual increase as per the agreements. Despite this, the Deputy Commissioner Faisalabad issued a public auction notice covering these shops, prompting the tenants to approach the court. The petition contended that the auction notice contravened Section 94(7) of the Punjab Local Government Act, 2022, and infringed upon the petitioners' fundamental rights under Articles 4, 10-A, 14, and 18 of the Constitution. The petitioners also pointed out that substantial security deposits, around Rs 500,000 per shop, made in 2005 were still held by the government. The court stayed the auction proceedings and adjourned the case for further hearing. The petitioners have requested the court to declare the auction notice illegal and to restrain the government from taking any coercive action against them. Respondents in the petition include the Punjab Chief Secretary, Secretary Local Government, Secretary Colonies Department, Deputy Commissioner Faisalabad, and Assistant Commissioner Jaranwala. Copyright Business Recorder, 2025
