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Express Tribune
10 hours ago
- Politics
- Express Tribune
CB upholds transfer of judges to IHC
In a majority verdict, a constitutional bench (CB) of the Supreme Court on Thursday upheld the transfer of three provincial high court judges to the Islamabad High Court (IHC), noting that these transfers could not be declared new appointments. However, the majority judges partially remanded the matter to the President of Pakistan to determine the seniority of the transferred judges after examining and vetting their service record "as soon as possible, including the question of whether the transfer is on a permanent or temporary basis". Two of the judges — Justice Naeem Akhtar Afghan and Justice Shakeel Ahmed — however, declared the notification for transfer of the judges "null, void and of no legal effect" in their minority order. On February 1, the Ministry of Law issued a notification for the transfer of Justice Sardar Muhammad Sarfraz Dogar, Justice Khadim Hussain Soomro and Justice Muhammad Asif — respectively from the Lahore High Court, the Sindh High Court and the Balochistan High Court — to the IHC. Following this transfer, endorsed by the president, the IHC issued a new seniority list, ranking Justice Dogar as the senior puisne judge. Five IHC judges filed representations against this seniority list. However, the then IHC chief justice, Aamer Farooq rejected these representations. After elevation of Justice Farooq to the Supreme Court, Justice Dogar was also elevated as the IHC acting chief justice. The IHC judges and some other petitioners including Imran Khan challenged the ministry's notification as well the new seniority list in the Supreme Court, whose five-member CB heard the matter. On Thursday, three members of the CBJustice Muhammad Ali Mazhar, Justice Shahid Bilal Hassan, and Justice Salahuddin Panhwar issued their short order, disposing of the petitions. The order noted that the powers of the president under Sub-article (1) of Article 200 of the Constitution for the transfer of a judge and the provisions contained under Article 175A for appointment of judges by the Judicial Commission of Pakistan (JCP) are two distinct provisions dealing with different situations. "Neither do they overlap nor override each other. The transfer of a judge by the President of Pakistan by means of Article 200 of the Constitution (permanently or temporarily) cannot be construed as a fresh appointment. "Furthermore, the powers of transfer conferred to the President by none other than the framers of the Constitution cannot be questioned on the anvil or ground that if the posts were vacant in the IHC, then why they were not filled up by JCP through fresh appointments. "One more important facet that cannot be lost sight of is that the transfer from one high court to another can only be made within the sanctioned strength, which can only be regarded as a mere transfer and does not amount to raising the sanctioned strength of a particular high court," it said. It noted that if it is presumed that all posts should be filled by the JCP alone through fresh appointments, then such interpretation or state of mind would not only go against the manifest intention of the framers of the Constitution but will also amount to negating or making redundant the substratum and existence of Article 200 of the Constitution. "The article is absolutely not dependent, concomitant, or at the mercy of Article 175A of the Constitution, but is an independent and standalone provision dealing with the transfer of judges of a High Court (permanently or temporarily) and not the appointment of judges, which assignment has been incontrovertibly conferred to the JCP autonomously in terms of Article 175A of the Constitution." The majority judges, however, partially remanded the matter to the president, without upsetting the notification of transfer, to determine the seniority after examining/vetting the service record of the transferred judges, including the question of whether the transfer is on a permanent or temporary basis. "Till such time that the seniority and nature of transfer (permanent or temporary) of the transferee judges is determined by the President of Pakistan by means of notification/order, Mr Justice Sardar Muhammad Sarfraz Dogar, already holding the office of Acting Chief Justice of the IHC, will continue to perform as the acting chief CJ," they added. The dissenting note Justice Naeem Akhtar Afghan and Justice Shakeel Ahmed disagreed with the majority order and declared the notification for transfer of the judge null and void. They stated that Clause (2) of Article 200 of the Constitution is subservient to Clause (1) of Article 200 of the Constitution and both are interconnected. "According to the Doctrine of Harmonious Construction, while interpreting Clause (1) and Clause (2) of Article 200, both the clauses have to be harmonized and, being consistent with each other, have to be read in conjunction with each other for giving effect to both without creating conflict or absurdity" "When Clause (1) and Clause (2) of Article 200 are read in conjunction with each other, it provides that when, in exercise of his discretion, the president transfers a judge from one high court to another, during the period for which he serves as a judge of the high court to which he is transferred, the judge so transferred is entitled to such allowances and privileges, in addition to his salary, as determined by the President." The order said the Attorney General for Pakistan conceded and categorically conveyed to the court on behalf of the Federation of Pakistan that the three Judges have been transferred on permanent basis. It said Clause (1) and Clause (2) of Article 200, read in conjunction with each other, do not provide for permanent transfer of a judge from one high court to another and it provides for transfer of a judge a period — on temporary basis. It said the permanent transfer of three judges to the IHC has been made in the wrong exercise of discretion under Clause (1) of Article 200 of the Constitution and has offended Article 175A of the Constitution, making it redundant. "The process for permanent transfer of three judges to the IHC is suffering from concealment of relevant and material facts from the transferee Judges, from the chief justices of the IHC, LHC, SHC, BHC and from the Hon'ble Chief Justice of Pakistan (CJP) "The process for permanent transfer of three judges to the IHC is also lacking meaningful, purposive and consensus oriented consultation with the chief justices of the IHC, LHC, SHC, BHC and Hon'ble CJP on all the relevant issues," it added. The minority order noted the intelligence agencies, including the ISI, have no role under the Constitution for appointment or transfer of Judges. "Being subordinate to the executive, the intelligence agencies, including the ISI, cannot override the executive, the judiciary, the constitutional bodies and the constitutional office holders," it added.
Business Recorder
12 hours ago
- Politics
- Business Recorder
SC, SHC: JCP extends term of CBs
ISLAMABAD: The Judicial Commission of Pakistan (JCP) on Thursday extended the term of the Constitutional Benches of the Supreme Court and the Sindh High Court. The Constitutional Benches of the Supreme Court term is extended till 30th November 2025, while the SHC CB period was extended for six months w.e.f. 23rd July 2025, with the new nominations and replacements i.e. Justice Adnan Iqbal Chaudhry (new), Justice Jaffar Raza (new), Justice Agha Faisal (replaced), and Justice Sana Akram Minhas (replaced). The constitutional bench in the apex court and the High Courts were created following the enactment of 26th Constitutional Amendment. In the Supreme Court a committee, set up under Article 191A of the constitution, is led by Justice Aminuddin Khan and comprising Justice Jamal Khan Mandokhail and Justice Ali Mazahar for the selection of judges for different CBs. Three more judges for SHC CB nominated: JCP nominates five more judges for SC CB Presently, the total strength of the SC constitutional bench is 15; out of that four are from Punjab – Justice Aminuddin, Justice Ayesha A Malik, Justice Shahid Bilal Hassan and Justice Ali Baqar Najafi; four are from Sindh – Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Aqeel Ahmed Abbasi and Justice Salahuddin Panhwar; three are from Khyber Pakhtunkhwa – Justice Musarrat Hilali, Justice Shakeel Ahmed and Justice Ishtiaq Ibrahim; three are from Balochistan – Justice Jamal Khan Makdokhail, Justice Naeem Akhtar Afghan and Justice Muhammad Hashim Khan Kakar and one is from Islamabad – Justice Aamer Farooq Two meetings of the JCP were held in the Supreme Court in the chair of Chief Justice of Pakistan; the agenda of first meeting was; extension in the term of the SC CB; and the policy decision regarding framing of rules for setting up effective standards for annual performance evaluation of judges of the High Courts under Article 175A (20) of the Constitution. While, the second meeting consider the term of the Constitutional Benches of High Court of Sindh. The JCP chairperson has been pleased to constitute a broad-based committee for the Judicial Performance Evaluation of Judges of all High Courts, comprising members from the Judiciary, Parliament, Executive, and the legal fraternity, to prepare draft rules for the Annual Judicial Performance Evaluation of High Court Judges. Copyright Business Recorder, 2025
Express Tribune
13 hours ago
- Politics
- Express Tribune
JCP to appoint new HC CJs on July 1
The Judicial Commission of Pakistan (JCP) is scheduled to meet on July 1 to consider appointments of permanent chief justices to the Islamabad High Court (IHC), the Sindh High Court (SHC), the Peshawar High Court (PHC) and the Balochistan High Court (BHC). The JCP meeting will be convened in Islamabad under the chairmanship of the chief justice of Pakistan, Yahya Afridi, at 2pm. After deliberations, the commission will propose the name of one of the three most senior judges from each high court for elevation to the top position. Interestingly, a CB of the Supreme Court on Thursday unveiled its order in a judges' seniority case, declaring the transfer of three judges to the IHC in February this year and the subsequent change in the IHC seniority list was according to law and Constitution. Now, the IHC acting chief justice, Sardar Muhammad Sarfraz Dogar, who was among the judges transferred to the court, will be on top of the list of senior most judges in the capital's high court.
Canada Standard
2 days ago
- Canada Standard
Ahmedabad police says swift response with 'green corridor' facilitated emergency rescue efforts after plane crash
Ahmedabad (Gujarat) [India], June 18 (ANI): In the aftermath of the Air India plane crash on June 12 which claimed the lives of 241 people, the Ahmedabad Police on Wednesday said that a green corridor was established to allow ambulances swift and unhindered access, while ground rescue operations were immediately launched. Speaking about the days following the incident, Ahmedabad Police Joint Commissioner of Police (JCP) Jaipal S Rathore said, 'After the Air India plane crash on June 12, Ahmedabad Police acted promptly, reaching the crash site along with senior officials, including the Joint Commissioner and members of the Commissionerate amongst others.' 'A green corridor was quickly established to ensure ambulances could operate without delay. Rescue operations were launched on the ground, and police coordinated with emergency and medical teams to begin the process of handling casualties,' said the JCP. He further said that in a structured and sensitive approach to the recovery operation, police formed 75 specialised teams tasked with receiving mortal remains, facilitating post-mortem procedures, and collecting DNA samples. 'Rescue work began and a green corridor was created for ambulances. All arrangements were done, along with police officials, 75 teams were created so that as and when the bodies arrived, they could be sent for post mortem investigations and DNA sampling,' said Rathore. He added, 'DNA matching operations began on June 14, after which authorities started handing over the remains to the relatives. All foreign nationals, especially those from UK, Portugal, Canada, their relatives are being informed after the post-mortem and DNA process is completed and the mortal remains are being handed over to them after their arrival.' Meanwhile, DNA samples of 190 victims of the Air India crash in Ahmedabad have matched with their family members, and the bodies of 157 victims have been handed over, Ahmedabad Civil Hospital Superintendent Rakesh Joshi confirmed on Wednesday. Joshi said that of the 190 matched DNA samples, 123 are of Indian nationals and 27 are from the United Kingdom. He added that the DNA of a Canadian citizen has also been a media briefing, Joshi said, '... Till 1045 hours today, 190 DNA samples have matched. Mortal remains of 157 deceased have been handed over to their families... Of the 190 DNA samples that have matched, 123 are Indians, 7 are Portuguese, 27 are from the UK, four are non-passengers, and one person is from Canada.' He confirmed that the lone survivor in the London-bound Air India Boeing 787-8 Dreamliner, which crashed into a hostel complex of BJ Medical College in the Meghani Nagar area of Gujarat's Ahmedabad shortly after takeoff from Sardar Vallabhbhai Patel International Airport, has been discharged and sent back home with his family. 'Lone survivor Vishwas has been discharged and sent back home with his family,' he added. Earlier in the day, Gujarat Home Minister Harsh Sanghavi on Wednesday announced that 184 DNA samples have been matched so far after the tragic London-bound Air India plane crash. In a post on the social media platform X, Sanghavi wrote, 'Air India crash update: As of 8 am, 184 DNA samples have been matched.' DNA testing is being conducted by forensic teams from the Forensic Science Laboratory (FSL) and the National Forensic Sciences University (NFSU). The crash occurred on June 12, when a London-bound Air India Boeing 787-8 Dreamliner crashed into a hostel complex of BJ Medical College in the Meghani Nagar area of Gujarat's Ahmedabad shortly after takeoff from Sardar Vallabhbhai Patel International Airport. The tragedy claimed 241 lives out of 242 onboard, including former Gujarat Chief Minister Vijay Rupani. (ANI)
India Gazette
2 days ago
- India Gazette
Ahmedabad police says swift response with 'green corridor' facilitated emergency rescue efforts after plane crash
Ahmedabad (Gujarat) [India], June 18 (ANI): In the aftermath of the Air India plane crash on June 12 which claimed the lives of 241 people, the Ahmedabad Police on Wednesday said that a green corridor was established to allow ambulances swift and unhindered access, while ground rescue operations were immediately launched. Speaking about the days following the incident, Ahmedabad Police Joint Commissioner of Police (JCP) Jaipal S Rathore said, 'After the Air India plane crash on June 12, Ahmedabad Police acted promptly, reaching the crash site along with senior officials, including the Joint Commissioner and members of the Commissionerate amongst others.' 'A green corridor was quickly established to ensure ambulances could operate without delay. Rescue operations were launched on the ground, and police coordinated with emergency and medical teams to begin the process of handling casualties,' said the JCP. He further said that in a structured and sensitive approach to the recovery operation, police formed 75 specialised teams tasked with receiving mortal remains, facilitating post-mortem procedures, and collecting DNA samples. 'Rescue work began and a green corridor was created for ambulances. All arrangements were done, along with police officials, 75 teams were created so that as and when the bodies arrived, they could be sent for post mortem investigations and DNA sampling,' said Rathore. He added, 'DNA matching operations began on June 14, after which authorities started handing over the remains to the relatives. All foreign nationals, especially those from UK, Portugal, Canada, their relatives are being informed after the post-mortem and DNA process is completed and the mortal remains are being handed over to them after their arrival.' Meanwhile, DNA samples of 190 victims of the Air India crash in Ahmedabad have matched with their family members, and the bodies of 157 victims have been handed over, Ahmedabad Civil Hospital Superintendent Rakesh Joshi confirmed on Wednesday. Joshi said that of the 190 matched DNA samples, 123 are of Indian nationals and 27 are from the United Kingdom. He added that the DNA of a Canadian citizen has also been a media briefing, Joshi said, '... Till 1045 hours today, 190 DNA samples have matched. Mortal remains of 157 deceased have been handed over to their families... Of the 190 DNA samples that have matched, 123 are Indians, 7 are Portuguese, 27 are from the UK, four are non-passengers, and one person is from Canada.' He confirmed that the lone survivor in the London-bound Air India Boeing 787-8 Dreamliner, which crashed into a hostel complex of BJ Medical College in the Meghani Nagar area of Gujarat's Ahmedabad shortly after takeoff from Sardar Vallabhbhai Patel International Airport, has been discharged and sent back home with his family. 'Lone survivor Vishwas has been discharged and sent back home with his family,' he added. Earlier in the day, Gujarat Home Minister Harsh Sanghavi on Wednesday announced that 184 DNA samples have been matched so far after the tragic London-bound Air India plane crash. In a post on the social media platform X, Sanghavi wrote, 'Air India crash update: As of 8 am, 184 DNA samples have been matched.' DNA testing is being conducted by forensic teams from the Forensic Science Laboratory (FSL) and the National Forensic Sciences University (NFSU). The crash occurred on June 12, when a London-bound Air India Boeing 787-8 Dreamliner crashed into a hostel complex of BJ Medical College in the Meghani Nagar area of Gujarat's Ahmedabad shortly after takeoff from Sardar Vallabhbhai Patel International Airport. The tragedy claimed 241 lives out of 242 onboard, including former Gujarat Chief Minister Vijay Rupani. (ANI)
