Islamabad: President Asif Ali Zardari approved the transfer of Lahore High Court (LHC) judge along with two others on Saturday, Islamabad High Court (IHC) a letter from five judges of the Federal Capital Court. One day later there was concern about such A. Move.
A notification of the Ministry of Law and Justice said that President Zardari has made LHC Justice Sardar Mohammad Sarfraz Dougar, Sindh High Court (SHC) Justice Khadim Hussain Soomro and Balochistan High Court Justice Mohammad Asam Asif Asif Under the IHC change approved. Article 200 of the Constitution.
Article 200 of the Constitution states: “The president of the High Court can transfer the High Court from one High Court to another High Court, but a judge should consult the Chief Justice of Pakistan in addition to his consent and by the President. It cannot be transmitted after doing so.
Five out of five IHC judges have formally opposed the transfer of Justice Dogar, a day, warning that its height as Chief Justice of the IHC constitutional constitutional. Will violate procedures and judicial principles.
The letter – in which Justice Akhtar Kayani, Tariq Mehmood Jehangiri, Babar Sattar, Sardar Ejaz Ishq Khan and Saman Raifat Imtiaz were signed, CJP Yahya Afidi, IHC Chief Justice Ayimar Farooq, LHC Chief Justice of Dada was addressed. Serious concerns over Siddiqui and potential transfer.
Interestingly, although the names of Justice Miangol Aurangzeb and Justice Arbab Tahir were also included in the letter, his signatures did not face.
The letter has come to the fore among the speculation that Justice Dogar can be appointed as the Chief Justice of the next IHC, as the current Chief Justice Aamir Farooq will be raised in the Supreme Court, in which the Judicial Commission on February 10. The off -Pakistan (JCP) has prepared to finalize the appointments. The JCP will select eight judges from five high courts.
Justice Dogar will now join a panel of five judges who are trying to take the vacant position of the IHC Chief Justice.
Five IHC judges had formally opposed the timely transfer, especially if the purpose was to consider the transfer judge for appointment as Chief Justice.
In a harsh letter written, the judges had raised concerns about constitutional and procedures, and argued that such a move would damage judicial independence, violate Pakistan’s constitution and a dangerous ideology. Will be established.
Speculation about the transfer of Justice Dougar continued for at least last month when the media reported that the Judicial Bureaucracy allegedly brought the LHC Judge to lead the IHC after the current height of CJ. Planning According to sources, a SHC judge was also likely to move to the IHC.
Traditionally, a senior Poice Judge of a High Court has been appointed as Chief Justice, but the JCP introduced new rules to ignore the standard of sanity in the light of the 26th Amendment last year. The JCP suggested that the Chief Justice of the High Court could be appointed from the panel of five senior judges.
