Minister hits out at superior court judges

Tarar says those who 'can't hear cases should step down'

ISLAMABAD:

Minister for Law Azam Nazeer Tarar has stated that courts of law are not royal courts and that judges who are not hearing cases should rather step down.

"These courts are a constitutional forum. The judges who cannot hear cases should resign," Tarar said while talking to the media after a meeting with officials of the Islamabad High Court Bar Association (IHCBA) on Saturday.

Tarar said judges from Punjab, Balochistan and Sindh have been appointed to the IHC, which has added more diversity and vibrancy to the court. "It is entirely incorrect to claim that judges from other provinces cannot be appointed in Islamabad," he said.

Regarding the transfer of more judges to the IHC, he said the chief justice of Pakistan will make a decision in this regard.

"After his nomination, the prime minister will review it. Subsequently, with the president's signature, judges from other provinces will be appointed to federal positions," he said.

Tarar expressed gratitude to both the former and current chief justices of the IHC for delivering decisions concerning lawyers in accordance with the law.

Referring to the recent protests by lawyers, he asked how lawyers' protests could be linked to terrorism as this did not happen even during the Musharraf era.

The minister claimed that he never seeks support from any bar association through backdoor channels, and that he firmly believed that the government should not interfere in the affairs of bar councils.

"The agreement between the government and the legal community is based on trust, and there will never be any betrayal in that relationship," he added.

A tug of war has been underway at the Islamabad High Court (IHC) since February.

On February 1, the Ministry of Law issued a notification for the transfer of Justice Sardar Muhammad Sarfraz Dogar, Justice Khadim Hussain Soomro and Justice Muhammad Asif—respectively from the Lahore High Court, the Sindh High Court and the Balochistan High Court—to the IHC.

Following this transfer, the IHC issued a new seniority list, ranking Justice Dogar as the senior puisne judge. Five IHC judges—Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Sardar Ejaz Ishaq Khan, Justice Babar Sattar and Justice Saman Rafat Imtiaz—later filed representations against Justice Dogar.

However, the then IHC chief justice, Aamer Farooq rejected these representations. After elevation of Justice Farooq to the Supreme Court, Justice Dogar was also elevated as the IHC acting chief justice.