CJ recuses himself from IHC judges transfer case

New bench to hear plea filed against JCP's April 28 decision

ISLAMABAD:

An Islamabad High Court (IHC) bench hearing a plea against a Judicial Commission of Pakistan (JCP) order regarding filling vacant IHC seats by transfer of judges from other high courts dissolved after a bench member recused himself.

IHC Chief Justice Sardar Muhammad Sarfraz Dogar on Friday took up a petition filed by Islamabad High Court Bar Association (IHCBA) former president Syed Nayab Hassan Gardezi, challenging the JCP's April order along with the IHC registrar's objections to the plea.

In its April 28 meeting, the JCP decided to fill the seats—vacated by transfer of some IHC judges to other high courts—by bringing in judges from other high courts. Gardezi challenged the decision in the IHC, whose registrar raised objections to his plea.

During the hearing, CJ Dogar observed that he was part of the JCP and it was unsuitable for him to hear a case challenging its decision. "I am recusing myself from hearing this plea. Your petition will be listed for hearing before some other bench in a few days," Justice Dogar told the petitioner.

When Gardezi urged him to remove the registrar's objections, the CJ observed that this matter would also be addressed by the new bench. Justice Dogar is also one of the three judges who were transferred to the IHC in February last year from provincial high courts.