ihc judges oppose lhc judge transfer amid judiciary turmoil
The transfer of judges to the IHC has sparked a heated debate over judicial independence, with the government's move seen as an attempt to exert control over the court's decisions. The IHC judges' opposition to the transfer has highlighted the need for a fresh oath under Article 194 of the Constitution to determine seniority, potentially impacting the future of the judiciary.
In a significant development, the Islamabad High Court (IHC) has witnessed a major reshuffle with the transfer of three judges from other high courts, sparking a heated debate over the determination of judges' seniority and the government's perceived interference in the judiciary.
The transfer of judges, including Justice Muhammad Sarfraz Dogar, Justice Khadim Hussain Soomro, and Justice Muhammad Asif, has been met with opposition from five IHC judges, who argue that the transferred judges must take a fresh oath under Article 194 of the Constitution to serve in a new high court, thereby determining seniority from the date of oath-taking. However, this interpretation is unlikely to be accepted by the government and IHC Chief Justice Aamer Farooq.
The Islamabad Bar Council has condemned the government's decision, terming it an attack on judicial independence. Senior lawyer and PTI leader Chaudhry Fawad Hussain has likened the situation to the 1937 US "court-packing" plan, stating that the practice has eroded the independence of the judiciary. The Judicial Commission of Pakistan (JCP) and the Supreme Judicial Council (SJC) are now under scrutiny as they consider the appointment of new judges and the future of the IHC.
The transfer of judges has raised concerns about the impartiality and independence of the judiciary, which is crucial for delivering justice to citizens. The move is seen as an attempt by the government to exert control over the court's decisions, potentially undermining Pakistan's democratic institutions. The IHC judges' opposition to the transfer is a significant development in the ongoing struggle for judicial independence in Pakistan.
As the judiciary continues to face interference and threats from the ruling regime, the transfer of judges has sparked a nationwide debate about the future of the judiciary and the rule of law in Pakistan. The JCP's scheduled meeting on February 10 to consider the appointment of new judges will be closely watched, as the country waits to see how the commission will address the controversy surrounding the transfer of judges.
