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Express Tribune
22-02-2025
- Politics
- Express Tribune
Second petition filed in Supreme Court over judges' seniority row
Another petition filed in Supreme Court over judges' seniority row The Islamabad High Court Bar Association has filed a fresh petition in the Supreme Court, challenging the president's authority to transfer judges without public interest justification. This marks the second major challenge to judicial transfers in recent days. Filed under Article 184(3) by Bar President Riasat Ali Azad, the petition contends that the president does not have unlimited powers under Article 200(1) of the Constitution to reassign judges between high courts. It argues that judicial transfers should only occur in the public interest. The petition follows a similar move by five judges of the Islamabad High Court (IHC) have filed a petition in the Supreme Court of Pakistan, challenging judicial transfers and their impact on seniority. The 49-page constitutional petition, filed under Article 184(3) through senior lawyers Munir A. Malik and Barrister Salahuddin, argues that the President of Pakistan misused Article 200(1) by overriding the Judicial Commission's authority in transferring judges. The petition contends that judicial transfers cannot be made without public interest and should not affect the seniority list. It further states that Article 200 only allows temporary transfers, and the current process violates Article 175(A) of the Constitution. The judges have urged the Supreme Court to invalidate the Islamabad High Court's current seniority list, citing its inconsistency with Article 194 and the Constitution's Third Schedule. The petition specifically challenges the appointment of Justice Sarfraz Dogar as acting Chief Justice of IHC, stating that he had only served two weeks in the high court before assuming administrative control. It also calls for Justices Khalid Soomro and Muhammad Asif to be barred from judicial work. The President of Pakistan, the federal government, the Judicial Commission, the Supreme Court registrar, and multiple high court registrars have been made respondents in the case. The five petitioning judges are Justice Mohsin Akhtar Kayani, Justice Babar Sattar, Justice Tariq Mehmood Jahangiri, Justice Saman Rafat Imtiaz, and Justice Sardar Ejaz Ishaq Khan. The petition also asserts that the failure of transferred judges to take a fresh oath is a constitutional violation. It claims that seniority begins in the high court where a judge first takes the oath, and altering it through transfers is an unconstitutional interference in IHC's administration.
Express Tribune
31-01-2025
- Politics
- Express Tribune
Lawyers, journalists unite against PECA
LAHORE/ISLAMABAD: Terming the recently enacted PECA (Pakistan Electronic Crimes Act) Amendment Act as a 'black law,' lawyers and journalists have united to challenge the legislation in court. Additionally, the journalists' community has decided to lead a protest movement against the law by observing a 'Black Day' on Friday. The Pakistan Federal Union of Journalists (PFUJ) announced that all press clubs and union offices nationwide would hoist black flags on Friday in protest against the PECA Amendment Act. Rallies will also be organized, and journalists will cover public and private events wearing black wristbands. The Islamabad High Court Bar has also dubbed the PECA Amendment Act a 'black law' and an attempt to stifle free speech. The bar has demanded the repeal of the amendments, stating that the act contradicts the fundamental human right to freedom of speech. They vowed to challenge the amendments in the Islamabad High Court. A resolution condemning the PECA Amendment Act was passed by the Islamabad High Court Bar, which termed it an effort to suppress the voices of journalists, social media users, and citizens. A press release issued by the IHC Bar President, Riasat Ali Azad, emphasized that the PECA amendments violate Articles 8 and 19 of the Constitution, which protect the right to freedom of expression. The IHC Bar also stated that the amendments would undermine independent reporting and dissent. Meanwhile, lawyers from the Lahore Bar Association held a rally against the PECA Amendment Act, marching from Aiwan-e-Adl to the Lahore High Court. Addressing the rally, Lahore Bar Association President Mubashir Rehman Chaudhry condemned the act, describing it as an example of human rights violations. He pointed out that the Supreme Court Bar Secretary had been suspended for speaking out against the act. Senior lawyer and Senator Hamid Khan announced that the lawyers' fraternity would hold an All-Pakistan Convention on February 1. He criticized the government for weakening the judiciary, compromising the judicial system, and warned that lawyers must unite to protect the Constitution from further threats. He added, "What will people do if the judiciary becomes weak?" and stressed that the lawyers would not allow government representatives to violate the law.
