The appeal was filed by 5 judges of the Islamabad High Court, and a stay order was also sought until the decision is made.
ISLAMABAD: Five judges of the Islamabad High Court have challenged the transfer case decision in the Supreme Court. Senior lawyer Munir A. Malik filed an intra-court appeal in the Supreme Court on behalf of the judges.
The petition has taken the position that the Supreme Court has declared the transfer of judges in the Islamabad High Court correct, the Supreme Court has not properly examined the constitution and facts, the petition has requested that the order to transfer judges and send the matter to the President for determination of seniority be null and void and the transfer of judges in the Islamabad High Court be declared unconstitutional.
The decision of June 19 should be suspended until the decision on the intra-court appeal is made. The intra-court appeal of five judges of the Islamabad High Court also includes a request for a stay order, in which it has been requested that the President be prevented from determining the seniority of the transferred judges.
The Judicial Commission should be prevented from appointing Justice Sarfaraz Dogar as the permanent Chief Justice. Justice Hassan Azhar Rizvi, Justice Musarat Hilali, Justice Aqeel Abbasi, Justice Hashim Kakar, Justice Ishtiaq Ibrahim and Justice Ali Baqir Najafi are the six judges nominated for the constitutional benches in the Supreme Court who can potentially hear this intra-court appeal.
On the other hand, a meeting of the Judicial Commission has also been called on July 1, in which, in addition to the appointment of a permanent Chief Justice in the Islamabad High Court, the appointments of the Chief Justices of the Sindh High Court, Peshawar High Court and Balochistan will also be considered.
In the next 48 hours, the President may determine the seniority of the judges of the Islamabad High Court. Under the current procedure, the names of Justice Sardar Sarfaraz Dogar, Justice Mohsin Akhtar Kayani and Justice Mian Gul Hassan Aurangzeb are to be considered for the appointment of the Chief Justice in the Islamabad High Court.
