Five IHC judges file petition in Supreme Court over seniority dispute

Five judges of the Islamabad High Court filed a petition against the seniority.

The 49-page petition has been filed by Munir A Malik and Barrister Salahuddin under Section 3 of Article 184.

In the petition filed in the Supreme Court, it has been requested that the apex court should declare that the president does not have unlimited powers to transfer judges under Clause 1 of Article 200. Judges cannot be transferred from one High Court to another without public interest.

The petition further states that Article 200 deals only with temporary transfer. The decision on transfer notification, seniority list and representation is against Clause 1 of Article 200. Judges can be transferred temporarily without affecting the seniority list.

In the petition filed by the judges of the High Court, it has been taken that the decision to transfer judges to the Islamabad High Court was not taken in public interest. The judges have been transferred for some other reasons. Transfer of judges to Islamabad High Court is contrary to Article 175A.

According to the petition, the president used Clause 1 of Article 200 by usurping the authority of the Judicial Commission. It requested the apex court to annul the existing seniority list of the Islamabad High Court (IHC) as it was against Article 194 and the Third Schedule of the Constitution.