The Supreme Court of Pakistan on Monday adjourned the hearing of the Islamabad High Court (IHC) judges’ transfer and seniority case until Tuesday, June 17 and directed the petitioners to conclude their rebuttal arguments by tomorrow.
A five-member constitutional bench, headed by Justice Muhammad Ali Mazhar, heard petitions challenging the transfer and seniority of judges in the IHC. The bench also comprised Justice Naeem Akhtar Afghan, Justice Shahid Bilal Hassan, Justice Salahuddin Panhwar, and Justice Shakeel Ahmed.
During the proceedings, Barrister Salahuddin, counsel for the five IHC judges, continued his rebuttal arguments, asserting that Article 200 of the Constitution applies only to sub-section 3. He argued that in civil service, a transfer from one department to another affects seniority, unlike in the judiciary where no deputation or merger of judges into another court exists.
Advocate General Punjab Amjad Pervez also filed a miscellaneous application during the hearing. Justice Salahuddin Panhwar inquired about the application, to which Pervez responded that he had submitted a historical record of judicial transfers from 1947 to 1976 and acknowledged that while they weren’t party to the case, a notice under Rule 27-A had been issued.
Justice Mazhar noted that the 27-A notice is specifically for becoming a party, and the Advocate General should have followed the Attorney General in presenting arguments, especially since the Lahore High Court registrar had submitted comments.
During the arguments, Justice Mazhar questioned what would happen to the original seniority of a judge transferred to another high court. He stressed that without a judge’s consent, the transfer process ends there-even if the judge agrees, if either the receiving high court’s chief justice or the Chief Justice of Pakistan objects, the transfer cannot proceed.
After the completion of Barrister Salahuddin’s rebuttal arguments, the court directed other counsels representing the petitioners to conclude their arguments by Tuesday. The hearing was then adjourned until June 17.