Tensions escalated on Friday at the Islamabad High Court (IHC) as three judges expressed their concerns over their removal from a tribunal, arguing that this change is unlawful.
According to the ruling, neither the acting Chief Justice nor the President has the authority to make such adjustments without valid justification and the dispute concerning the IHC tribunal is causing significant unrest.
The dispute revolves around a ruling issued on Wednesday regarding an appeal by Judge Mohammad Shabbir, who is contesting Judge Shahrukh Arjumand’s promotion. Initially, the case was overseen by Justices Tariq Mehmood Jahangiri, Babar Sattar, and Sardar Ejaz Ishaq Khan. However, a notice from President Zardari on March 18 replaced these justices, leading to claims of unfairness from the parties involved.
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The ruling removed Justice Azam Khan from his position at the Islamabad High Court (IHC) and annulled the appointments of Arjumand and several others. “No deputation for permanent roles,” they declared, emphasizing that the IHC Act does not permit it. It has given the registrar six months to return the borrowed judges. This decision is a bold move.
The judges argued that the March 18 swap lacked a legal basis, stating, “The chief justice can’t just interfere.” They emphasized that it is a collaborative process, not an individual one. They criticized the new tribunal appointments as unconstitutional. Enforcement has been paused for 30 days to allow time for appeals. This dispute over the IHC tribunal is far from resolved.
