Tribunal annuls 'illegal' notification

The Islamabad District Judicial Service Tribunal (IDJST) has annulled a notification of the Ministry of Law with regard to reconstitution of the tribunal — a decision that shows a growing chasm among the judges in the capital's high court.

The ministry on March 18 notified a new tribunal consisting of three IHC judges nominated by Acting Chief Justice Muhammad Sarfraz Dogar. Justice Khadim Hussain Soomro was to head the IDJST while it also comprised Justice Muhammad Azam Khan and Justice Inaam Ameen Minhas.

However, the existing tribunal comprising Justice Tariq Mehmood Jahangiri, Justice Sardar Ejaz Ishaq Khan and Justice Babar Sattar declared the notification illegal in an order that also allowed the appeal of senior civil judge, Muhammad Shabbir.

In its order, the tribunal noted that it consists of judges nominated by the then IHC chief justice, Aamer Farooq, on January 9, 2024, and there is no need for its reconstitution as there is no difference between the tribunal chairman and the members.

It said the registrar of the tribunal informed the personal secretary of the tribunal's chairman that the personal secretary of the IHC acting CJ issued verbal direction to him on March 17 to advise tribunal members not to issue any orders in pending appeals, including those reserved for judgment, as the acting CJ had decided that the tribunal be dissolved.

It noted that acting CJ is vested with no administrative authority to issue such directions or otherwise interfere with the outcome of grievances of the members of the subordinate judiciary pending before the tribunal against decisions rendered by the departmental authorities that report to his office.

It said the tribunal was last constituted pursuant to a notification dated January 9, 2024 on the basis of nominations made by the then chief justice, Aamer Farooq.

"Once the Tribunal was duly constituted, the chief justice became "functus officio". The Hon'ble Acting Chief Justice had no role to play in the functioning of the Tribunal and could no longer withdraw earlier nominations made by the Chief Justice.

"Likewise, the Federal Government and the President were vested with no authority to reconstitute the Tribunal, unless a vacancy emerged, which required to be filled in accordance with the Chief Justice's nomination," it added.

The order advised the tribunal's registrar to provide a copy of this order to the IHC acting CJ and the judges nominated by him to serve on the tribunal, while purportedly seeking to reconstitute it.

"We have been informed that a cause list has been issued by the Registrar's office, to fix for hearing a miscellaneous application under office objection in this appeal, which had been reserved for orders and judgment on 13.03.2025.

"We would not wish to embarrass ourselves or our Hon'ble brother judges nominated by the Hon'ble Acting Chief Justice to the Tribunal, under the mistaken belief that the CJ was vested with power to reconstitute the Tribunal, with the newly nominated members assuming jurisdiction over this matter under notification dated 18.03.2025.

"[This] notification is devoid of legal authority and has been issued in breach of Section 3 of the Islamabad Subordinate Judiciary Service Tribunal Act, 2016," it added.