ISLAMABAD: The Lahore High Court Bar on Thursday challenged the transfer of three Islamabad High Court (IHC) judges to other high courts in the Supreme Court.
Hamid Khan has filed the petition against transfer of judges in the apex court on behalf of the LHC Bar Association.
According to the petition the judges transfer has been violation of the Article 2-A of the constitution. “There is the lack of transparency in the process of judges transfer as no reasons given for it.”
The Federation and the Judicial Commission have been made party in the legal challenge, which has been filed under clause III of the Article 183.
Petitioner argued that removal of clause III of the Article 184 and amending clause II of the Article 175 under the 27th Amendment has been unconstitutional. “The transfer of three judges of the IHC to different high courts, has been unconstitutional”.
It has been said in the petition that the Supreme Court’s hearing jurisdiction could not be conferred to the Federal Constitutional Court.
Petitioner said that judges’ transfers have been made possible after amendment in Article 200 in the aftermath of the 27th Amendment.
According to the petition the Federal Constitutional Court could not hear the case as it exists in result of the 27th Amendment in the constitution.
Acting President Yusuf Raza Gilani on Wednesday approved the transfer of three IHC judges to various provincial high courts.
Following the Acting President’s approval, the Ministry of Law and Justice issued a formal notification regarding the transfers under which Justice Mohsin Akhtar Kayani has been transferred to the Lahore High Court (LHC), Justice Babar Sattar to the Peshawar High Court (PHC) and Justice Saman Rafat Imtiaz to the Sindh High Court (SHC).
Earlier, the Judicial Commission had approved the transfer of three judges to other high courts.