Latest news with #AamerFarooq
Express Tribune
13-03-2025
- Politics
- Express Tribune
Imran Khan challenges judges' transfer order in Supreme Court
Listen to article Pakistan Tehreek-e-Insaf (PTI) founding chairman Imran Khan has filed a petition in Pakistan's Supreme Court, challenging the recent transfer of judges, calling it unconstitutional and unlawful. The petition, submitted under Article 184(3) of the Constitution, argues that the transfer notification violates judicial independence. Imran has requested the court to declare the notification null and void. The federal government and the registrars of the high courts in Lahore, Sindh, Balochistan, and Islamabad have been named as respondents in the case. Imran's plea seeks a directive from the Supreme Court to ensure compliance with legal precedents, including the landmark Al-Jehad Trust case, which set guidelines for judicial appointments and transfers. The petition emphasises that judicial transfers must adhere to constitutional principles and must not be influenced by external pressures. It also calls for a strict observance of judicial autonomy. The challenge comes amid heightened tensions between Imran's party and the government, with the judiciary often at the centre of political controversies. Legal experts believe the case could test the Supreme Court's stance on judicial independence. Imran's legal team argues that the move could impact fair trials and judicial neutrality, urging the top court to intervene immediately. Last month, the judges of the Islamabad High Court (IHC) decided to challenge the rejection of their representation. The representation seeks the restoration of the previous seniority structure of the IHC. Additionally, the petition will request the annulment of the decision issued by IHC Chief Justice Aamer Farooq, who had dismissed the representation. Chief Justice Aamer Farooq had previously upheld the placement of three transferred judges to the IHC from three other high courts, affirming their rankings at the second, ninth and 12th positions in the seniority list. The new seniority list was challenged by five IHC judges. The chief justice ruled that the transferred judges did not require a fresh oath and that their seniority would be counted from the date of their first oath in the high court. Accordingly, the new seniority list of IHC judges will remain unchanged. On February 1, the judges' strength at the IHC increased with the transfer of Justice Sarfaraz Dogar from the Lahore High Court (LHC), Justice Khadim Hussain Soomro from the Sindh High Court and Justice Muhammad Asif from the Balochistan High Court. Later, on Feb 4, a revised seniority list was issued, designating Justice Sarfaraz Dogar as the senior puisne judge, followed by Justice Mohsin Akhtar Kayani as the second senior-most judge and Justice Miangul Hassan Aurangzeb in the third position. Justice Tariq Jahangiri was in the fourth place, Justice Babar Sattar fifth, Justice Sardar Ishaq Khan sixth, Justice Arbab Muhammad Tahir seventh, Justice Suman Riffat Imtiaz eighth, Justice Soomro ninth, Justice Azam Khan 10th, Justice Muhammad Asif 11th and Justice Inam Amin Minhas 12th. Following the new seniority list, Justice Kayani, Justice Jahangiri, Justice Sattar, Justice Khan and Justice Imtiaz submitted a representation to the chief justice, saying that Justice Dogar could not be considered an IHC judge until he took oath as required under Article 194 of the Constitution. The five judges said Justice Dogar had only been sworn in as a LHC judge. However, the IHC's seniority list already listed him as an IHC judge, placing him directly below the chief justice. They urged the chief justice to resolve the matter before the JCP meeting. Sources said the IHC chief justice rejected the representation and instructed the IHC registrar's office to inform all those five judges about his decision on the representation. Accordingly, Justice Dogar, who took oath as a high court judge in 2015, would be the senior puisne judge of the IHC.
Express Tribune
10-03-2025
- Politics
- Express Tribune
CB hearing super tax case reconstituted
A constitutional bench (CB) of the apex court hearing appeals against a super tax imposed in the wake of a military operation was reconstituted on Monday after one of the bench members Justice Aamer Farooq, who had heard the case as a high court judgerecused himself. A five-member CB led by Justice Aminuddin Khan took up the appeals filed by various organizations and individuals against a supertax that the PML-N government had imposed in 2015 to generate funds for the accommodation of the people internally displaced due to Operation Zarb-e-Azb. At the outset, Justice Khan noted that a bench member, Justice Aamer Farooq, had heard the case as a judge of the Islamabad High Court (IHC) and therefore the CB would have to be reconstituted. During the hearing, the CB rejected a request to defer the hearing till after Ramazan and stated that the case would be heard on a daily basis. Justice Muhammad Ali Mazhar, a bench member, addressing Dr Farogh Naseem, one of the counsels of the petitioners, said the case could not conclude before Eid. "Kindly allow those who want the case proceedings to be initiated to do so. At the very least, let the case begin," he said. Later, the Constitutional Bench Committee replaced Justice Aamer Farooq with Justice Shahid Bilal Hassan on the bench. The Supreme Court also released the cause list for the new bench.
Express Tribune
22-02-2025
- Politics
- Express Tribune
Bar also challenges judges' seniority list
The Islamabad High Court Bar Association (IHCBA) has also approached the apex court against a new seniority list issued by the former IHC chief justice, Aamer Farooq, after transfer of three new judges to the capital's high court earlier this month. The constitutional petition filed under Article 184(3) of the Constitution urges the Supreme Court to declare that the president does not have unlimited powers under Article 200(1) to transfer judges. Judges cannot be transferred from one high court to another without public interest. The petition requests that judges transferred to other high courts should be recognized as judges of those respective courts until they take a new oath. It also seeks to nullify the appointment of the IHC acting chief justice, Sardar Muhammad Sarfraz Dogar; to count seniority only after the new judges take their oaths, and to direct the IHC registrar to issue a revised seniority list. The Ministry of Law on February 1 issued notification for the transfer of Justice Dogar, Justice Khadim Hussain Soomro and Justice Muhammad Asifrespectively from the Lahore High Court, the Sindh High Court and the Balochistan High Courtto the IHC. Later IHC former chief justice Aamer Farooq issued a new seniority list in which Justice Dogar appeared as the senior puisne judge. Five IHC judges, including former senior puisne judge Mohsin Akhtar Kayani, filed representations against the move, which Justice Farooq rejected. The judges later approached the Supreme Court against the new seniority list.
Express Tribune
13-02-2025
- Politics
- Express Tribune
Justice Sarfraz Dogar appointed acting IHC chief justice
Listen to article Justice Sardar Muhammad Sarfraz Dogar has been appointed acting chief justice of the Islamabad High Court (IHC), a move that has sparked reservations among some judges over seniority. A notification issued by the Ministry of Law late Wednesday announced that President Asif Ali Zardari has appointed Justice Sarfraz Dogar as the acting chief justice of the Islamabad High Court. The appointment, made under Article 196 of the Constitution, will take effect from the date Justice Dogar takes the oath of office and remain in place until a regular Chief Justice is appointed. The appointment follows Justice Aamer Farooq's elevation to the Supreme Court (SC) earlier this week. Justice Dogar, previously transferred from the Lahore High Court (LHC), will serve until a permanent chief justice is appointed. Alongside Justice Dogar, acting chief justices for other high courts were also appointed, including Justice Ejaz Swati (Balochistan High Court), Justice Junaid Ghaffar (Sindh High Court), and Justice S.M. Attique Shah (Peshawar High Court). The president also approved the elevation of seven judges to the Supreme Court, including Justice Aamer Farooq, Justice Muhammad Hashim Khan Kakar, Justice Muhammad Shafi Siddiqui, Justice Salahuddin Panhwar, Justice Ishtiaq Ibrahim, Justice Shakeel Ahmad, and Justice Miangul Hassan Aurangzeb. Justice Aurangzeb will serve temporarily under Article 181 to address pending tax and commercial cases. Justice Farooq dismissed a representation from five IHC judges challenging Justice Dogar's transfer and its impact on seniority. The decision was opposed by Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, and Saman Rafat. Earlier, the judges of the Islamabad High Court (IHC) decided to challenge the rejection of their representation. A petition against the decision is expected to be filed in the Supreme Court in the coming days. According to sources, the representation seeks the restoration of the previous seniority structure of the IHC. Additionally, the petition will request the annulment of the decision issued by IHC Chief Justice Aamer Farooq, who had dismissed the representation. Chief Justice Aamer Farooq had previously upheld the placement of three transferred judges to the IHC from three other high courts, affirming their rankings at the second, ninth and 12th positions in the seniority list. The new seniority list was challenged by five IHC judges. The chief justice ruled that the transferred judges did not require a fresh oath and that their seniority would be counted from the date of their first oath in the high court. Accordingly, the new seniority list of IHC judges will remain unchanged.
