ISLAMABAD: The Islamabad Bar Council (IBC), Islamabad High Court Bar Association (IHCBA) and the Islamabad District Bar Association (IDBA) have announced a strike on Monday to protest recent transfer of judges to the Islamabad High Court (IHC), calling them “unconstitutional measures affecting the judiciary and the legal profession.”
The announcement was made after a joint meeting of lawyer bodies a day after President Asif Ali Zardari approved the transfer of three judges from the high courts of Sindh, Balochistan and Lahore to the Islamabad High Court (IHC), amid opposition from five IHC judges.
Zardari approved the transfers of Justice Sardar Muhammad Sarfraz Dogar from the Lahore High Court (LHC), the Sindh High Court’s (SHC) Justice Khadim Hussain Soomro and the Balochistan High Court’s (BHC) Justice Muhammad Asif to the IHC. Local media reported the government was considering elevating Justice Dogar to the post of the IHC chief justice.
In a statement issued after Sunday’s meeting of lawyer bodies, the IBC said the legal fraternity of Islamabad “strongly condemns” the recent notification regarding the transfer of judges from other provinces to the Islamabad High Court, describing the move as a “direct violation of the principles of judicial independence and regional representation.”
“It undermines the autonomy of the Islamabad high Court,” the IBC said. “The legal fraternity of Islamabad ensures its commitment to resist the unjustified transfers and appointments of judges from other provinces.”
Pakistan’s constitution empowers the president to transfer a judge from one high court to another after the concerned judge consents to the decision. The president can approve the transfer after consulting the chief justice of Pakistan and the chief justice of both high courts.
On Friday, five of 10 IHC judges opposed Justice Dogar’s transfer in a letter addressed to the chief justices of the Supreme Court and high courts. The five judges said if the decision to transfer the judge was aimed at elevating him to the post of IHC chief justice, it would be a “fraud on the constitution.”
The IBC said the lawyer bodies will pursue all legal and constitutional avenues to challenge the move and safeguard the “judicial independence of Islamabad.”
“An All-Pakistan Lawyers’ Convention will be held under the Islamabad Bar Council tomorrow... to formulate future strategy,” it said on Sunday.
Islamabad lawyers call strike today over ‘unconstitutional’ transfer of judges
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Islamabad lawyers call strike today over ‘unconstitutional’ transfer of judges
- The development comes a day after Pakistan’s president approved transfer of three judges from Sindh, Balochistan and Lahore to Islamabad High Court
- Pakistan’s constitution empowers the president to transfer a judge from one high court to another after the concerned judge consents to the decision