IHC annuls transfer order of service tribunal

ISLAMABAD:

The Islamabad High Court (IHC) has partially accepted a petition filed by some district and sessions judges and declared the Islamabad District Judicial Service Tribunal's (IDJST) decision to send back deputation judges from the district judiciary null and void.

The IDJST tribunal comprising three IHC judges— Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, and Justice Sardar Ejaz Ishaq Khan—had issued the order to repatriate the judges in the district judiciary serving on deputation as tribunal members.

Islamabad Anti-Terrorism Court (ATC) Judge Abual Hasanat Muhammad Zulqarnain and others had challenged the decision in the IHC, whose single-member bench comprising Justice Arbab Muhammad Tahir announced the verdict in the case.

The court held that the tribunal does not have suo motu powers against the tribunal itself. It clarified that it is not deciding the case on merits, and that the tribunal will decide the merits of the case.

The IDJST on March 21 annulled a notification of the Ministry of Law with regard to reconstitution of the tribunal—a decision that showed 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 Sardar 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 there was no need for its reconstitution as there is no difference between the tribunal chairman and the members. The IHC in its order stated that after the change of the tribunal, Justice Tariq Jahangiri was no longer authorized to decide the matter.

The court added that the powers of the tribunal are limited and not equivalent to those of a high court judge.