Islamabad: A three-member majority bench of the Supreme Court has disposed of the petitions, declaring the transfer of judges to the Islamabad High Court constitutional. According to the verdict, the president has the authority to transfer judges under Article 200 of the Constitution, which cannot be challenged.
The bench was headed by Justice Muhammad Ali Mazhar, and the verdict was pronounced by a majority of three to two. Justice Mazhar, Justice Shahid Bilal, and Justice Salahuddin Panhor voted in favor of the transfer, while Justice Naeem Afghan and Justice Shakeel Ahmed voted against it.
The President has constitutional authority; it cannot be considered a new appointment
The court verdict clarified that Article 200 of the Constitution empowers the President to transfer judges from one high court to another, provided that the consent and consultation of the judge concerned is included. The verdict has said that the transfer cannot be considered a new appointment.
According to the decision, these powers are different from the powers of the Judicial Commission; the two are not contradictory to each other, nor do they render each other ineffective.
The President will decide on the nature of seniority and transfer
The Supreme Court has also referred the matter of determining the permanent or temporary nature of seniority and transfer to the President. According to the decision, if a judge comes to the Islamabad High Court from another high court, his seniority will be decided after comparison with the existing judges.
Justice Sardar Sarfaraz Dogar to remain the acting Chief Justice
The court also said that Justice Sardar Sarfaraz Dogar will continue to work as the acting Chief Justice of the Islamabad High Court, as his appointment was made in accordance with the constitutional requirements.
