Imran, LHC Bar moves SC against the transfer of three judges to IHC

The founder of the PTI, Imran Khan, addresses a press conference in his Banigala residence. AFP / File

Islamabad: President of Pakistan Tehreek-e-insaf (PTI), Imran Khan, filed a constitutional request to the Supreme Court (SC) contesting the transfer of three judges to the High Court of Islamabad (CSI).

The petition, which appoints the federal government and the registraires of the High Court of Lahore, the High Court of the Sindh, the High Court of Baloutchistan and the High Court of Islamabad as intimated, seeks to cancel the transfer of the three judges to the IHC.

In the petition, the founder of the PTI asked the court to ensure transparency in accordance with the principles established in the Al-Jihad Trust case. He also urged the court to affirm that the use of article 200 of the Constitution is only authorized after a detailed consultation.

The petition argues that the judges who already serve in the IHC are subject to a victimization. He underlines that the JUDGS of the IHC had previously raised their voice against interference and had judged affairs against the petitioner on merit.

Imran Khan also argued that a judge had been brought and appointed acting chief without taking an oath required. He alleged that these tactics are used to stifle the independence of the judiciary.

The petition underlines the need to maintain judicial independence and transparency, calling on the Supreme Court to intervene and respond to these concerns.

Meanwhile, Lahore High Court Bar Association (LHCBA) challenged the transfer of judges to the High Court of Islamabad (IHC) to the Supreme Court of Pakistan.

A request was filed before the Supreme Court under article 184, paragraph 3, of the Constitution. The president of Pakistan, the federal government and four high courts were gone to the petition.

The petitioner argued to declare the notification of transfer as illegal, unconstitutional and zero. The LHC bar has also argued to issue instructions to guarantee the greatest compliance of the constitution in the transfer of judges. The bar also urged the Apex court to guarantee the implementation of the parameters, established in the Al Jihad Trust case.

The petition stressed that the transferred judges no longer took the oath of their office, according to the Constitution. No judge could exercise his functions without taking the office oath, according to the plea.

The Ministry of Law issued a notification in February, confirming the transfer of three judges to the IHC following the approval of President Asif Ali Zardari.

According to reports, President Zardari approved transfers under article 200 of the Constitution, assigning judges to the High Court of Islamabad.

Judge Sarfraz Dogar from the High Court of Lahore, judge Khadim Hussain Soomro from the Sindh High Court and Muhammad Asif of the High Court of Balutchistan were transferred to the High Court of Islamabad.

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