• Justice Tariq Jehangiri, Babar Sattar and Sardar Ejaz Khan deal with the notification of the President with the restructuring of the IHC Tribunal.
• Former members of the tribunal issue a reserved order on the judge’s appeal, saying the law does not allow the capital court to borrow from other high courts.
• The decision could affect the number of judges transferred to the Islamabad judiciary. Order gives the affected parties 30 days to approach SC
ISLAMABAD: The tension between the Islamabad High Court (IHC) judges apparently was boiling on Friday, when three members of the IHC Tribunal – who were changed earlier this month – when the tribunal was restructured – it was announced that neither the president nor the president had no authority nor the president. Discover
This was revealed in a decision, which was issued on Wednesday in the Judicial Service Appeal of Additional District and Sessions Judge Mohammad Shabbir.
AD & SJ Shabbir challenged Judge Shah Rukh Arjumand as a senior civil judge in Islamabad as a senior civil judge, and as a result, the district and session judge were elevated.
Tariq Mehmood Jehangiri, Babar Sattar and Sardar Ejaz Ishaq Khan, a tribunal comprising judges, were issued by President Asif Ali Zardari on March 18.
The order issued on Friday states that it is being “being released in strange situations, which requires some explanation”.
In the order, the three judges turned aside to Justice Azam Khan’s preliminary appointment to the Islamabad judiciary. Earlier this year, Justice Khan was raised in the Islamabad High Court by the Judicial Commission of Pakistan.
In addition, the judges also put the appointments of Judge Arjumand, D&SJ Wajid Ali, D&SJ Humayun Dilawar, AD & SJ Quodratullah. And SCJS Abbas Shah, Ahtsham Alam Khan and Anamullah.
The order states, “Neither the letter nor the Islamabad High Court Act, in 2010, is not allowed to fill permanent positions in the subordinate judiciary set up for the Islamabad Capital Territory by borrowing from the provincial high courts.”
He called on the IHC Registrar to “make arrangements to return all members of the current Capital Territory for Islamabad Capital Territory within six months from the date of this order”.
It states that members of the tribunal had decided on the appeal on March 13, but were later told about verbal directive on March 17, in which they were instructed not to announce the decisions as steps were being taken to dissolve the tribunal.
Subsequently, the notification on March 18 formed the tribunal on the advice of the acting Chief Justice.
However, the three judges said that the notification was illegal, and saying that once the tribunal was formed in accordance with the judicial service tribunal Act, in 2016, the tribunal could not be dissolved or re -formed without legal justification.
“Since the High Court is a college, the administrative authority in the office of the Chief Justice should be used unanimously … a decision by the committee appointed by the Chief Justice or the Chief Justice, which is not in accordance with the requirements of the law, is not sustainable in the eyes of the law.
The three judges also made several critical observations. He ruled that the appointment of judges belonging to the Islamabad judiciary is unconstitutional and he has ordered the return of all judges serving deputation within six months.
The three judges announced the appointment of Justice Khadim Hussain Soomro, Justice Muhammad Azam Khan and Justice Raja Amin Minhas as a member of the IHC Tribunal ‘unconstitutional’.
The judges also said that the acting chief justice had no administrative authority to interfere in the tribunal works, adding that such actions were beyond the scope of the constitution and the law.
Recognizing the effects of their decision, the judges ordered the suspension of their order for 30 days, so that the affected parties could be allowed to appeal before the Supreme Court.
In particular, these three judges are among the people who have challenged the recent transfer of IHC Chief Justice Sarfraz Dogar, Justice Soomro and Justice Mohammad Asif to the IHC.
Dawn, appeared on March 22, 2025
