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ISLAMABAD, Sep 25 (APP):The Supreme Court of Pakistan has released a detailed 55-page judgment concerning the seniority and transfer of judges in the Islamabad High Court.
The verdict, authored by Justice Muhammad Ali Mazhar, was uploaded on the court’s official website on Thursday.
According to the written judgment, petitions related to the transfer of high court judges have been disposed of, affirming that the President of Pakistan holds the authority under Article 200 of the Constitution to order such transfers. However, it emphasized that no judge can be transferred without consultation and consent.
The ruling further observed that the decision regarding judges’ transfers falls squarely within the judiciary’s domain, and judicial opinion must be given precedence in the process. It clarified that the independence of the judiciary is not compromised by transfers, nor was any mala fide intent or retaliatory action established in the cases under review.
The court held that the transfers were carried out in line with the Constitution and law, noting that Section 3 of the Islamabad High Court Act, 2010, places no restrictions on such transfers. The judgment also stated that the principle of provincial representation had not been violated.
Regarding seniority, the court directed that the determination of judges’ seniority rests with the President of Pakistan, who will decide after reviewing service records whether a transfer is permanent or temporary. The matter has been referred back to the President for final decision on seniority.
The judgment made clear that Article 200 provides a complete and self-contained constitutional procedure for judges’ transfers.
It is noteworthy that the decision in the judges’ transfer and seniority case was originally announced on September 18 by a five-member bench comprising Justice Muhammad Ali Mazhar, Justice Naeem Akhtar Afghan, Justice Shahid Bilal Hassan, Justice Salahuddin Panhwar, and Justice Shakeel Ahmed.