Islamabad:
Justice Shahid Bilal remarked in the case of seniority and transfer of Islamabad High Court judges. Six judges mentioned intervening in the letter, never happened in my 13 -year career such incident, I am ready to take the oath, no one has contacted in 13 years.
A five -member large bench headed by Justice Muhammad Ali Mazhar heard the hearing, Munir A. Malik, a lawyer for 5 judges of the Islamabad High Court, argued that the real reason for the transfer of the judges was a letter of six judges of the Islamabad High Court, after which all the judges came to the target, the issue of a judge’s degree came out.
Secondly, the other residence card was found, Justice Naeem Akhtar Afghan said that the letter of the six judges did not mention the President, the Prime Minister, the Ministry of Law and any judge, the letter mentioned the interference of sensitive institutions, the transfer process did not accuse them of the judges, did the institutions end after the letter.
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Justice Shahid Bilal said that the exchanges of judges in the Islamabad High Court have been taking place in the past. Has the judges who have been transferred in the past have been taking oath of the Islamabad High Court?
Munir A. Malik took the stand that under Article 200, no judge was transferred to the Islamabad High Court before, as many judges came to transfer, they came under Article 193. According to the Islamabad High Court Act, the judges can be appointed from different provinces, not the transfer of the law but the deployment of the provinces.
Justice Muhammad Ali Mazhar said that the authority of the judges transfer is as per the constitution, which is required for consultation. The Chief Justice of Pakistan, the Chief Justice of the High Court also agreed.
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Justice Naeem Akhtar Afghan said that the High Court has three constitutional provisions related to transfer and deployment, Article 193, 197 and 200 mention the appointment and transfer of judges, only one Article 194 speaks of the oath, the lawmakers did not take an oath anywhere.
Justice Naeem Akhtar Afghan said that the vacancies of the judges coming from the three provincial High Courts have been vacated or are still intact?
Munir A. Malik replied that according to the Indian constitution, when a judge is transferred, his seat is vacated. The Islamabad High Court had to take a new oath on the transfer, Justice Muhammad Ali Mazhar said that the new oath is not compatible with Article 200, why the new oath will be agreed on a transfer, your arguments seem to be the transfer fresh deployment. The case will be heard again today.
