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Express Tribune
21-04-2025
- Politics
- Express Tribune
Idea of 'geographical distinction' not valid
While giving his consent to the transfer of a judge from the Sindh High Court (SHC) to the Islamabad High Court (IHC), the then chief justice of the SHC had raised questions on the transfer of judges to the capital's high court on the basis of geographical distinction. The federal government and registrars of three high courts have submitted the record regarding the transfer of three judges from different high courts to the IHC to the Supreme Court whose five-member constitutional bench (CB) will resume hearing a slew of petitions filed against this transfer. The record reveals interesting facts. The Ministry for Law, while initiating the process regarding transfer of the judges on January 28, had moved a summary to the prime minister. The summary said currently no judge from rural Sindh served at the IHC while there is only one judge in the court from Punjab. "Therefore, in terms of Schedule-V-B of the Rules of Business, 1973 read with Article 48 of the Constitution of Pakistan, the Prime Minister of Pakistan may advise the President to authorize Ministry of Law and Justice to initiate the process under clause (1) of Article 200 of the Constitution to seek consent of Lahore High Court (LHC) Justice Sardar Muhammad Sarfraz Dogar, SHC Justice Khadim Hussain Soomro and Balochistan High Court [Justice Muhammad Asif] to the IHC." After approval of the summary, the process was initiated by the Ministry of Law. In response to the ministry's letter, SHC Registrar Suhail Muhammad Laghari stated that he had been conveyed consent by SHC CJ Muhammad Shafi Siddiqui to the transfer. "The summary along with the letter makes reference to a geographical distinction that perhaps does not find mention in the Constitutional provision for transfer of a Judge from one High Court to another. "The concurrence herein conveyed, therefore, is in pursuance of Article 200 of the Constitution coupled with the consent conveyed by the learned Judge and irrespective of any geographical distinction," said the letter sent by the SHC to the ministry. Chief Justice of Pakistan Yahya Afridi while giving consent had noted that the proposed transfer of the three judges from the high courts of different federating units to the IHC completely syncs with the spirit of federalism as enshrined in the Constitution. "It is also in conformity with section 3 of the IHC Act, 2010. The thoughtful consideration behind the proposal illustrates resolve in providing an equitable share to linguistic diversity of our country and fair chance of representation to all the federating units in the High Court of the common capital of the Federation i.e., IHC," said the letter. However, the CJP had a different view about the seniority of transferred judges. His view was not accepted by majority members of the Judicial Commission of Pakistan (JCP). Meanwhile, Lahore High Court Bar Association (LHCBA) through Waqar Rana advocate submitted additional grounds against the transfer of three judges. The petition contended that CJP has the primacy in the matter of transfer of a judge from one high court to another and has also a constitutional right and obligation to move a summary for that purpose. "The Executive branch of the government could not initiate such a transfer process on its own. In the instant case, said summary was purportedly moved by the Executive with mala fides and for extraneous grounds. The subsequent Transfer Notification was thus void. "The CJP was obligated to consult with his senior judges of the Supreme Court before consultation with the Executive on the matter of transfer of judges from one High Court to another as per law laid down by this Hon'ble Court. "It is submitted that the transfer of the respondent judges could take place only after a consensus was reached amongst the senior most judges of the Supreme Court of Pakistan," it added. '
Express Tribune
17-03-2025
- Politics
- Express Tribune
IHC forms special bench for overseas Pakistanis' property cases
The Islamabad High Court (IHC) has constituted a special bench to hear property-related disputes of overseas Pakistanis under the Overseas Property Act 2024. The bench is headed by Justice Khadim Hussain Soomro. The decision, taken to expedite the resolution of such cases, was approved by Acting Chief Justice Sardar Sarfraz Dogar, who also directed the nomination of judges for special courts dedicated to overseas Pakistanis' property disputes. A notification regarding Justice Soomro's appointment to hear related cases and appeals was issued by the deputy registrar of IHC with the approval of the acting chief justice. In addition, Justice Dogar has empowered session judges to nominate judges for special courts handling overseas property cases. According to an official letter, session judges of Islamabad's East and West districts will designate these special courts. The IHC Registrar, in a letter to the Secretary of Law and Justice, advised that judges for these courts be nominated based on the volume of pending cases and judicial officers' expertise.
Express Tribune
17-03-2025
- Business
- Express Tribune
Special courts to be set up for overseas Pakistanis' property disputes
Listen to article Special courts will be established in Islamabad to address property disputes involving overseas Pakistanis, under the Overseas Property Act 2024, According to Express News, these courts are aimed at expediting the resolution of property disputes for Pakistanis living abroad. The acting Chief Justice of the Islamabad High Court has directed the formation of these special courts. The acting Chief Justice has granted the authority of appointing judges to the session judges. In this regard, the Registrar of the Islamabad High Court has written a letter to the Secretary of Law and Justice, stating that the session judges for East and West Overseas Special Courts will be nominated. The letter further specifies that pending cases and the judicial officers' experience should be considered when nominating judges for the session courts. The letter also mentioned that under the Overseas Property Act, the Ministry of Law will issue the necessary notifications for the East and West Sessions Courts. Additionally, a special bench has been formed in the Islamabad High Court under the Overseas Property Act 2024 to hear cases related to the property of overseas Pakistanis. Justice Khadim Hussain Soomro will hear cases and appeals related to overseas Pakistanis' property. The notification in this regard has been issued by the Deputy Registrar, with approval from the acting Chief Justice. Previously in October Pakistan's Senate approved a bill to establish special courts for resolving property disputes of overseas Pakistanis. The bill, presented by Chaudhry Salik Hussain, mandates that these courts settle cases within 90 day. Earlier, Minister for Finance and Revenue Senator Muhammad Aurangzeb provided a comprehensive update on the country's economic progress, highlighting increased remittance inflows, growing investor confidence, and improved outcomes from institutional reforms. "The record-breaking remittance inflow for February 2025 reached an impressive $3.1 billion. We estimate an all-time high remittance inflow of $36 billion by the end of the fiscal year," he said at a news conference alongside Minister for Information, Broadcasting, National Heritage, and Culture Attaullah Tarar. Expressing gratitude to the Pakistani diaspora, whom he described as "the lifeline of our country," Aurangzeb acknowledged their invaluable contribution to the economy.
