IHC rules executive must consult judiciary

Govt directed to seek court approval for judicial appointments

ISLAMABAD:

The Islamabad High Court (IHC) on Wednesday ruled that the executive must consult the judiciary for the appointment and removal of judges in Islamabad.

Justice Babar Sattar issued a detailed 73-page written order, declaring that the terms of service of judges include the exercise of powers independently, impartially, and free from external pressure. The court further held that the federal government should exercise its powers of appointment or removal of judges only after consulting the IHC.

The decision stated that appointing judges on deputation from other provinces undermines the autonomy of the judiciary in Islamabad.

The court directed the government to amend the laws related to the appointment, tenure and removal of judicial officers.

The decision further stated that until amendments are made, the government shall make any appointment, transfer, or removal only in consultation with the Supreme Court or the IHC.

It said that any appointment, transfer or removal without consultation will be considered illegal. The court ordered to send the copy of judgment to the Ministry of Law and Justice and the Cabinet Division.

The judgment clarified that access to justice is a fundamental and inalienable right of citizens under Articles 9 and 25 of the Constitution.

The three pillars of the state, the legislature, the executive and the judiciary, are independent of each other and none has supremacy over the other.

The court ruled that any law or administrative action that affects the independence of the judiciary will be considered inconsistent with the Constitution and void.