ISLAMABAD: During the hearing of an important constitutional case related to the transfer of judges, the Supreme Court has remarked that the approval of the judiciary is mandatory at four stages in the transfer of judges.
During the hearing of an important constitutional case related to the transfer of judges, serious questions were raised in the Supreme Court on the autonomy of the judiciary, seniority and constitutional articles.The judges transfer case was heard in the Supreme Court by a five-member constitutional bench headed by Justice Muhammad Ali Mazhar, in which lawyer Faisal Siddiqui gave arguments, while Attorney General Mansoor Usman Awan will continue his arguments tomorrow.
Lawyer Faisal Siddiqui took the position that the establishment of the Islamabad High Court was implemented under Article 175 of the Constitution and the appointment of judges in this law is related only to the provinces, according to which the transfer of judges in the Islamabad High Court is not possible.
Even if a judge is transferred, he will not be permanent and there will be no need to take the oath again on his return. Justice Muhammad Ali Mazhar asked whether Article 200 has become ineffective after the implementation of Article 175A? Faisal Siddiqui replied that the powers of the Judicial Commission are being taken away in the current system of transfers, which is against the constitutional spirit.
Justice Shakeel Ahmed said that if there is a common seniority list of judges in the country, disputes can end, to which Faisal Siddiqui agreed and said that the effects of transfers of judges will be clear to everyone from the common seniority list.
If there is a refusal at any stage, then the transfer is not possible. Justice Muhammad Ali Mazhar further said that if all this was in the hands of the executive, it would be a different matter, but here the approval of four forums of the judiciary is required. Faisal Siddiqui told the court that malice was used in the current law and the judiciary was kept in the dark on the sensitive issue of seniority. Later, after the completion of Faisal Siddiqui’s arguments, the Supreme Court adjourned the hearing of the case till tomorrow, while Attorney General Mansoor Usman Awan will present his arguments tomorrow Tuesday.
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