Justice Babar Sattar has written a letter to the Chief Justice of the Islamabad High Court (IHC) Aamir Farooq to “fix the mistakes of the decision” which has led to a new list of seniority in the High Court, this Arrived on Friday.
The IHC was recently subject to the transfer of three judges from other high courts to its ranks. Subsequently, before the transfer of Justice Sarfraz Dougar, Justice Mohsin Akhtar Kayani, who was a senior poise judge in the IHC, was removed from the high days of the decision -making committee, along with several other information and steps. Divide the High Court’s seniority list.
Prior to the transition, five of the 10 IHC judges wrote to the President and the Chief Justice of Pakistan, a letter written in addition to the Chief Judges of a High Court, which opposed the new participation. – On Tuesday, these judges sent representation against Justice Farooq and CJP Yahya Afridi in the senior list.
This development gave rise to dialogue in the legal community about judicial appointments and seniority standards. Four Supreme Court judges today cited CJP Afridi in a letter to the IHC affecting the IHC.
In a letter, on January 4 and looked Don Dot ComJustice Farooq, Justice Sattar, said: “It would be unfortunate that if the way to use your actions as a Chief Justice was the sow of differences within the IHC, which as a small court, the judges. The source has a tradition of valuables.
“It is in the same spirit that I invite you to correct the decision mistakes that have influenced your decisions in issuing a list of seniority and issuing the above information.”
He said he was making the aforementioned request and giving details of the problems in his letter because “the judges never needed more than the mood than now.”
Justice Sattar said that the list of seniority and information was “issued in violation of the constitution and the law” and he felt the duty bound to draw the matter to the IHC Chief Justice.
He pointed out that he had already lifted the illegal, which filled the list in a separate representation and here the matter was mentioned here as a constitutional provis. , He has also termed the information illegal to the extent that he has also included judges of the Lahore High Court. (LHC) and Sindh High Court (SHC) as members of the IHC committees were sworn in by IHC judges without any kind of IHC judges under Article 194.
“I apologize if this note reads as a tutorial on constitutional law 101. But unfortunately, the circumstances that have brought the list of seniority to the list and the aforementioned information are so ridiculous that the basic requirements of our constitution Identifying in the relationship, Justice Sattar said before making and explaining it a list of various legal and technical issues in the recent transfer and progress, the assumption of the judge’s office has become necessary.
He said that Justice Farooq was obliged to take oath from the new judges.
“Each passing day when the transfer of judges use judicial and/or administrative powers and the duties of the IHC judge’s office, illegal will be maintained.
He said that in addition to the constitutional status of their orders and actions, allowing transfer judges as IHC judges to continue their duties and functions and/or facilitate them can also be ashamed. That is, if those affected by their orders were affected by their orders. And/or the action challenges the same to be vacated by the legal authority, “the judge explained.
He further explained that as long as the transfer judges took their oath and took over, they could not be blessed with any administrative duties and actions as IHC judges.
In this way, any IHC Judicial Committee has been restructured in a manner in which any transfer consists of judges will not be formally formed according to the constitution and the law, and any such committees made by such committees. There will also be decisions or steps, in addition to embarrassing IHC. Depending on the legal authority, the letter is written.
Justice Sattar said that the process of reorganization of the administration committee was “ridiculous to keep it politely, even if anyone had to ignore constitutional and legal weaknesses that he faces.”
He added that the LHC and SHC judges involved in the committee had no “knowledge or experience of dealing with IHC’s administrative and executive works.”
“Such transfer judges to take on the responsibility of excluding the administrative and executive work of the IHC, which affects all IHC judges as well as those present in the Islamabad Capital Territory. HC provided services, they are surprised in mind.
“As judges, we pronounce almost every day using judicial review powers against executive measures that public workers can use only the same option as they are assigned by law, and that Using the discretionary authority, public workers have to do a fair, fair and reasonable job.
Justice Sattar concluded, “You will agree that using the discretionary authority, the judges are equally bound to the principles that manage the use of discretionary powers that we impose in relation to executive action. “”
The changes flared up
According to a notification on Monday, the IHC administration formed the management committee and the Departmental Promotion Committee. Justice Farooq was the chairman, Justice Dogar and Justice Khadim Hussain Soomro were included as a member. Earlier, Justice Kayani and Justice Miangol Hassan Aurangzeb were part of the committee.
In addition, the Departmental Promotion Committee (DPC) was also amended. Now it includes Justice Dogar and Justice Azam Khan. Earlier, the DPC included Justice Kayani and Justice Aurangzeb. After the approval of justice, the notification issued by the additional registrar of the Registrar, Ajis Ahmed, made these changes regularly.
The IHC administration also formally informed Justice Dogar as a senior Poice Judge of the High Court. The administration also amended the list of seniority and these changes were implemented after seeking approval from Chief Justice Aamir Farooq, in which separate information was issued by the Registrar’s office.
The latest list of seniority is as follows: Justice Dogar, Justice Kayani, Justice Aurangzeb, Justice Tariq Mehmood Jehangiri, Justice Sattar, Justice Sardar Ejaz Ishq Khan, Justice Arbab Mohammad Tahir, Justice Saman Rafat, Justice Somdam, Justice Somdam, Justice Sommodam Asif and Justice Anam Amin Minhas.
