- Advertisement -
ISLAMABAD, Nov 12 (APP):The Islamabad High Court (IHC) on Wednesday ruled that the executive must consult the judiciary for the appointment and removal of judges in Islamabad.
Justice Babar Sattar issued a detailed 73-page written order. The court declared that the terms of service of judges include the exercise of powers independently, impartially and free from external pressure and the federal government should exercise the powers of appointment or removal of judges only after consulting the Islamabad High Court.
The decision said that judges brought on deputation from other provinces affect the autonomy of the judiciary in Islamabad.
The court directed the government to amend the laws related to the appointment, tenure and removal of judicial officers.
The decision further said that until amendments are made, the government shall make any appointment, transfer or removal only in consultation with the Supreme Court or the Islamabad High Court.
It said that any appointment, transfer or removal without consultation will be considered illegal. The court ordered to send the copy of judgment to the Ministry of Law and Justice and the Cabinet Division. The judgment clarified that access to justice is a fundamental and inalienable right of citizens under Articles 9 and 25 of the Constitution.
The three pillars of the state, the legislature, the executive and the judiciary, are independent of each other and none has supremacy over the other. The court ruled that any law or administrative action that affects the independence of the judiciary will be considered inconsistent with the Constitution and void and that the subordinate judiciary is also entitled to the same constitutional protection as the higher judiciary.