Judges’ appointment case: Progress linked to larger bench formation

ISLAMABAD: The Islamabad advocate general said the judges’ appointment case can only progress after an appeal seeking the formation of a larger bench to hear the matter is
decided upon.

AG Mian Abdul Rauf brought an application by East Division district and sessions judge Imran Khan Sikandari to the notice of the Islamabad High Court. The judge asked for the formation of a larger bench to conduct proceedings.  He said the appeal was submitted in 2014 and was yet to be decided after two years.

Consequently, Justice Aamer Farooq of the IHC ordered parties involved in the case to argue on November 30 if a larger bench should be formed or not. Previously, the court sought records related to the appointment of judges to the subordinate judiciary by the IHC registrar.

The Islamabad High Court Bar Association, the district bar association and Advocate Muhammad Waqas Malik filed identical petitions in 2012, naming 18 judges of the district courts and the IHC registrar as respondents.

The petitions claimed the IHC administration did not follow the Judicial Services Rules 2011. They added 50% of the Islamabad quota was completely neglected when making appointments. “The quota reserved for the provinces and Islamabad was violated,” the petitioners stated.

As per the notification, IHC Chief Justice Mohammad Anwar Khan Kasi issued the transfer orders of Muhammad Shabbir, Muhammad Inamullah, Imran Khan Sikandari, Shaukat Rehman Khan, Muhammad Adnan Jamali and Sanam Bokhari.

Shabbir, Inamullah and Sikandari were sent to district East, while Khan, Adnan and Bokhari were transferred to district West.

On the other hand, the judges of the subordinate courts said that the administrative order of the high court could not be revisited based on these petitions.

“There is no express provision in the IHC Act or Islamabad Judicial Service Rules 2001 through which an administrative order regarding employment, induction or absorption can be revisited at a subsequent stage and that too at the insistence of a stranger whose only intentions are to malign
judicial officers.”

They maintained that the judicial officers of other provinces joined the Islamabad Judicial Service after following certain procedures.  The court will take up the matter next on November 30.

Published in The Express Tribune, November 24^th, 2016.