'Judges' permanent transfer to sideline JCP'

ISLAMABAD:

During the hearing of the judges' transfer case, a judge raised the question as to whether the powers of the Judicial Commission of Pakistan (JCP) can be rendered ineffective by permanent transfer of judges from one high court to another through executive orders.

A bench member also inquired about the basic principle and criteria behind such transfers.

A five-member constitutional bench (CB) of the Supreme Court led by Justice Muhammad Ali Mazhar on Tuesday resumed hearing a slew of petitions filed against transfer of three provincial high court judges to the Islamabad High Court (IHC) in February and the subsequent change in the judges' seniority list.

Resuming his argument in support of the transfer, Attorney-General for Pakistan (AGP) Mansoor Awan maintained that no new appointments had been made and the transferred judges did not require a new oath. He said the Supreme Court has already ruled that seniority begins from the date of appointment.

Justice Shakeel Ahmed asked why the law secretary had clarified in the summary that the transferred judges did not need a new oath. The AGP said the clarification was intended to avoid ambiguity in the notification after the advisory approval.

He said that the then IHC chief justice Aamer Farooq had determined the seniority of the IHC judges.

"Justice Aamer Farooq was fully autonomous in determining seniority. Chief justices and registrars of four high courts also did not raise any objections to the transfers."

He said Justice Farooq made the decision based on a representation filed by five IHC judges against the transfer of new changes to the court and changes in the seniority list. Justice Farooq had turned down the representation, prompting the judges to file an appeal in the Supreme Court.

Justice Mazhar noted that petitioners' counsels had not mentioned this representation or Justice Farooq's decision during their arguments.