Imran Khan challenges judges' transfer order in Supreme Court
Listen to article
Pakistan Tehreek-e-Insaf (PTI) founding chairman Imran Khan has filed a petition in Pakistan's Supreme Court, challenging the recent transfer of judges, calling it unconstitutional and unlawful.
The petition, submitted under Article 184(3) of the Constitution, argues that the transfer notification violates judicial independence. Imran has requested the court to declare the notification null and void.
The federal government and the registrars of the high courts in Lahore, Sindh, Balochistan, and Islamabad have been named as respondents in the case.
Imran's plea seeks a directive from the Supreme Court to ensure compliance with legal precedents, including the landmark Al-Jehad Trust case, which set guidelines for judicial appointments and transfers.
The petition emphasises that judicial transfers must adhere to constitutional principles and must not be influenced by external pressures. It also calls for a strict observance of judicial autonomy.
The challenge comes amid heightened tensions between Imran's party and the government, with the judiciary often at the centre of political controversies. Legal experts believe the case could test the Supreme Court's stance on judicial independence.
Imran's legal team argues that the move could impact fair trials and judicial neutrality, urging the top court to intervene immediately.
Last month, the judges of the Islamabad High Court (IHC) decided to challenge the rejection of their representation.
The representation seeks the restoration of the previous seniority structure of the IHC. Additionally, the petition will request the annulment of the decision issued by IHC Chief Justice Aamer Farooq, who had dismissed the representation.
Chief Justice Aamer Farooq had previously upheld the placement of three transferred judges to the IHC from three other high courts, affirming their rankings at the second, ninth and 12th positions in the seniority list.
The new seniority list was challenged by five IHC judges.
The chief justice ruled that the transferred judges did not require a fresh oath and that their seniority would be counted from the date of their first oath in the high court. Accordingly, the new seniority list of IHC judges will remain unchanged.
On February 1, the judges' strength at the IHC increased with the transfer of Justice Sarfaraz Dogar from the Lahore High Court (LHC), Justice Khadim Hussain Soomro from the Sindh High Court and Justice Muhammad Asif from the Balochistan High Court.
Later, on Feb 4, a revised seniority list was issued, designating Justice Sarfaraz Dogar as the senior puisne judge, followed by Justice Mohsin Akhtar Kayani as the second senior-most judge and Justice Miangul Hassan Aurangzeb in the third position.
Justice Tariq Jahangiri was in the fourth place, Justice Babar Sattar fifth, Justice Sardar Ishaq Khan sixth, Justice Arbab Muhammad Tahir seventh, Justice Suman Riffat Imtiaz eighth, Justice Soomro ninth, Justice Azam Khan 10th, Justice Muhammad Asif 11th and Justice Inam Amin Minhas 12th.
Following the new seniority list, Justice Kayani, Justice Jahangiri, Justice Sattar, Justice Khan and Justice Imtiaz submitted a representation to the chief justice, saying that Justice Dogar could not be considered an IHC judge until he took oath as required under Article 194 of the Constitution.
The five judges said Justice Dogar had only been sworn in as a LHC judge. However, the IHC's seniority list already listed him as an IHC judge, placing him directly below the chief justice. They urged the chief justice to resolve the matter before the JCP meeting.
Sources said the IHC chief justice rejected the representation and instructed the IHC registrar's office to inform all those five judges about his decision on the representation. Accordingly, Justice Dogar, who took oath as a high court judge in 2015, would be the senior puisne judge of the IHC.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Express Tribune
16 hours ago
- Express Tribune
SHC orders opening of Governor House for acting governor
The Constitutional Bench of the Sindh High Court (SHC), comprising Justice K.K. Agha and Justice Adnan-ul-Karim Memon, heard Acting Governor Owais Qadir Shah's petition challenging the locking of Governor House offices. The court ordered the immediate reopening of these offices and directed the principal secretary to submit a compliance report by June 23. During the urgent hearing, the bench granted acting governor immediate access to the Sindh Governor's official residence. The court specifically ordered the unlocking of all offices (excluding private residential quarters) and restrained the principal secretary from obstructing the acting governor's access. The court also directed that a copy of the judicial order be transmitted to the President of Pakistan and the Principal Secretary of the Governor's House, Sindh. In the petition, it was averred that since assuming charge, the Acting Governor, Owais Qadir Shah, has been denied entry to the Governor's House for official duties which is a violation of Article 104 of the Constitution. Governor Kamran Tessori has been abroad since June 2. Acting Governor of Sindh, Owais Qadir Shah, informed the court that a meeting on law and order in the was scheduled for today, specifically to discuss matters related to Muharram. The home minister, secretary, IG Sindh, and other officials reached for the meeting. However, the principal secretary stated that the governor had taken the office keys with him. Owais Qadir Shah stated that this was an act of considering the Governor's House as their personal lounge. He cited the Constitution, which clearly states that in the absence of the governor, the acting governor can perform duties. Owais Qadir Shah said, he would write to the chief minister, highlighting that this was a mockery of the Constitution.
Express Tribune
17 hours ago
- Express Tribune
Trump endorses Pakistan's rise as a regional stabiliser
Listen to article The White House luncheon hosted by US President Donald Trump for Pakistan's Chief of Army Staff Field Marshal Asim Munir on Wednesday marked more than just a routine meeting — it signalled a major reset in US-Pakistan relations. This major reset in the relations between the two countries includes a permanent and enduring bilateral partnership, such as cooperation in counter-terrorism, mutual trade in mines and minerals, and cryptocurrency. President Trump's praise for Pakistani political and military leadership, particularly Field Marshal Asim Munir, during his press conference after the meeting, clearly reflects the world's growing confidence in the strong leadership and decision-making of the Pakistani leadership. Donald Trump hosted Field Marshal Asim Munir at an unprecedented White House luncheon on Wednesday. Speaking to reporters at the Oval Office following the meeting, Trump said he was "honoured" to meet Field Marshal Asim. Trump said that the primary reason for hosting Pakistan's army chief was to "thank" him for avoiding further escalation with India in May and helping bring an end to tensions. "I wanted to thank him for not going into the war, just ending the war," Trump said. When asked what he wanted to achieve from the meeting, Trump told reporters: "Well, I stopped a war ... I love Pakistan. This man was extremely influential in stopping it from the Pakistan side — he did. They were going at it — and they're both nuclear countries. I got it stopped." Pakistan and India were embroiled in a four-day conflict, exchanging missiles and drones for the first time since both sides became nuclear powers in 1998. The conflict, dubbed Marka-e-Haq, occurred between May 7-10 and was sparked by Indian missile strikes inside Pakistan on May 7. Against this backdrop, what makes the meeting between Field Marshal Asim Munir and President Donald Trump historically significant? This is because Pakistan has demonstrated its role as a key regional stabiliser in South Asia. The meeting took place amid heightened regional tensions due to the Iran-Israel conflict. Amid this escalation, Iran says "Tashakur [Thank you] Pakistan" on the one hand, while on the other hand, Trump is also saying that it was an honour for him to meet Field Marshal Asim Munir. At the White House media talk, Trump acknowledged that Iran situation was also discussed in the meeting and that Pakistan knew Iran better. He appreciated Pakistan's perspective and positive role during the Iran-Israel war. Furthermore, Pakistan also has very excellent relations with China. In the South Asia region, India's relations with all the regional and many global players have been affected due to its biased mentality. India is clearly becoming isolated at the world stage because of its arrogance and belligerence. This became clearer after the Marka-e-Haq. Pakistan is a clear winner in the Marka-e-Haq and emerges as a regional power in South Asia. India, on the other hand, is losing its global political capital for being an arrogant, stubborn and illogical war-mongering country. It now emerges that Pakistan and India are hyphenated at the global level, and India's attempts in the past to isolate Pakistan have failed miserably. After the Marka-e-Haq, the decades-old Kashmir issue has returned to the global limelight, and the US is ready to play its role in resolving this important issue. In fact, Field Marshal Asim Munir's visit to the US is historic and his meaningful meeting with President Trump, that too at a time of Iran-Israel tensions, has elevated Pakistan's status as a source of regional stability.
Express Tribune
17 hours ago
- Express Tribune
Bilawal declares diplomatic triumph over India
Listen to article Pakistan People's Party (PPP) Chairman Bilawal Bhutto Zardari declared on Friday that Pakistan had outmanoeuvred India diplomatically, citing the resounding success of his global mission to rally international support for Pakistan's stance in the recent conflict with India. Speaking at a grand reception hosted by the PPP upon his return from a diplomatic mission, Bilawal stated that India had tried to isolate Pakistan diplomatically but failed miserably, as Pakistan's narrative ultimately prevailed. Bilawal led a high-level parliamentary delegation in the first week of this month. The delegation visited UN, Washington, London and Brussels to meet officials, opinion-makers and think-tanks and apprised them of Pakistan's fight against terrorism as well as the Kashmir issue. The delegation comprised parliamentarians Dr Musadik Masood Malik; Sherry Rehman and Bushra Anjum Butt; Hina Rabbani Khar; Khurram Dastgir Khan and Faisal Subzwari; and two former foreign secretaries, Jalil Abbas Jilani and Tehmina Janjua. Bilawal told the audience that the delegation visited 4-5 countries at the request of Prime Minister Shehbaz Sharif and the President Asif Zardari. "I took your message to the United Nations, America, London and the European Union headquarters of Brussels," he said. "I want to tell you that Pakistan was successful. Pakistan's narrative won in the international media and India's narrative was defeated," Bilawal said in his speech. "We conveyed the message of Pakistan, peace, Kashmir and Sindhu [river]," he added. Speaking about the four-day conflict with India dubbed as Marka-e-Haq between May 7-10, he said that Pakistan army inflicted a crushing defeat on India, which was a seven times bigger country in size. "We all are proud of this [military victory]." "India is trying that Pakistan failed at the diplomatic level, but I want to tell you that Pakistan was successful and India failed," he said, adding: "Pakistan won the war on the diplomatic front because — Pakistan stood for truth and India relied on lies." He stressed that the Kashmir issue had been very important for Pakistan, as well as the PPP. "We raised the voice of Kashmir at many places. President Donald Trump has said that he is ready to help resolve the Kashmir issue. This is a historic achievement," he said. The PPP chairman condemned Indian Prime Minister Narendra Modi for threatening to stop Pakistan's water. He warned that if India cast an evil eye on the Indus waters, "we will fight another war and defeat them again". Bilawal said that India would have to accept the Indus Waters Treaty (IWT), which gave three rivers to Pakistan and three to India. "India will have to accept international law and the water treaty; otherwise, Pakistan will wage another war, and then all the six rivers will be ours." Bilawal told the audience that Chief of Army Staff Field Marshal Asim Munir came to America, when the Pakistani delegation was leaving. He added that Field Marshal Asim Munir's meeting with President Trump at White House meant India had lost the war. Referring to India's allegations of terrorism, Bilawal said that if Pakistan was committing terrorism, then "why our army chief was so welcomed there?" Today, he added, the world understood the importance of Pakistan in the fight against terrorism. "This is our diplomatic victory." Sindh Chief Minister Sindh Syed Murad Ali Shah, Senator Sherry Rehman, Nisar Khuhro, Senior Sindh Minister for Information Sharjeel Inam Memon and other party leaders were also present on this occasion.
