Imran Khan calls into question the judges' transfer order to the Supreme Court

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The founding president of Pakistan Tehreek-e-insaf (PTI), Imran Khan, filed a request to the Supreme Court of Pakistan, contesting the recent transfer of judges, calling it as non-institutional and illegal.

The petition, subject under article 184, paragraph 3, of the Constitution, argues that the notification of transfer violates judicial independence. Imran asked the court to declare the null notification and not avenue.

The federal government and the registrars of the high lessons of Lahore, Sindh, Balutchistan and Islamabad have been appointed respondent in the case.

Imran's advocacy requests a Supreme Court directive to guarantee compliance with legal previous ones, including the Landmark Al-Jehad Trust case, which establishes directives for judicial appointments and transfers.

The petition stresses that legal transfers must adhere to constitutional principles and should not be influenced by external pressures. He also calls for strict respect for judicial autonomy.

The challenge occurs in the midst of increased tensions between the party of Imran and the government, with the judicial power often at the center of political controversies. Legal experts believe that the case could test the position of the Supreme Court on judicial independence.

Imran's legal team argues that this decision could have an impact on fair trials and judicial neutrality, urging the Court to intervene immediately.

Last month, the judges of the High Court of Islamabad (IHC) decided to challenge the rejection of their representation.

The representation seeks the restoration of the previous seniority structure of the IHC. In addition, the petition will request the cancellation of the decision rendered by the IHC chief judge, Aamer Farooq, who had rejected the representation.

Chief judge Aamer Farooq had already confirmed the placement of three judges transferred to the IHC of three other high lessons, affirming their ranking in the second, ninth and 12th posts in the seniority list.

The new seniority list was challenged by five CIH judges.

The chief judge judged that the transferred judges did not need an oath and that their seniority would be counted from the date of their first oath before the High Court. Consequently, the new seniority list of IHC judges will remain unchanged.

On February 1, the force of judges at the IHC increased with the transfer of the Sarfaraz Dogar judge of the High Court of Lahore (LHC), judge Khadim Hussain Soomro of the Sindh High Court and Judge Muhammad Asifs of the High Court of Balutchistan.

Later, on February 4, a list of revised seniority was published, designating judge Sarfaraz Dogar as a senior then judge, followed by the judge Mohsin Akhtar Kayani as the second highest judge and judge Miangul Hassan Aurangzeb in third position.

Judge Tariq Jahangiri was in fourth place, judge Babar Sattar fifth, judge Sardar Ishaq Khan Sixth, judge Arbab Muhammad Tahir seventh, judge Suman Riffat Imtiaz eighth, judge Soomro Ninth, judge Azam Khan 10th.

Following the new seniority list, judge Kayani, judge Jahangiri, judge Sattar, judge Khan and judge Imtiaz submitted a representation to the chief judge, claiming that judge Dogar could not be considered as a CIH judge until he was sworn in under article 194 of the Constitution.

The five judges said that Dogar judge had only been sworn in as a LHC judge. However, the IHC seniority list has already listed it as a judge of the IHC, placing it directly below the chief judge. They urged the chief judge to resolve the case before the JCP meeting.

Sources have said that the IHC chief judge rejected the representation and asked the IHC registrar's office to inform all these five judges of its decision on the representation. Consequently, judge Dogar, who was sworn in as a judge of the High Court in 2015, would be the main judge of the IHC.

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