
A two-member bench of the apex court, headed by Justice Jawwad S Khawaja, is hearing a petition filed by Islamabad District Courts civil judge Shabir Bhatti related to his seniority. Deputy Attorney General Sohail Mahmood is assisting the court.
According to him, subordinate judiciary judges can not file writ petitions under Article 199 as their issues must be taken up by special tribunals, established under an act of parliament, and comprising of three high court judges.
The DAG stated that a summary for the Islamabad Subordinate Judiciary Service Tribunal Bill has been pending with the cabinet for two years.
The bench then sought an explanation from the cabinet division.
On Tuesday, a cabinet joint secretary assured the bench that issues related to approval will be included in the next cabinet meeting. The court directed him to give a proper timeline in the next hearing, scheduled for January 29.
While tribunals do operate in the provinces, no legislation exists to allow them to function smoothly in Islamabad since the establishment of IHC in 2010, even though it had been proposed in the Islamabad Judicial Services Rules 2011.
Published in The Express Tribune, January 28th, 2015.
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