ISLAMABAD:
The Supreme Court has issued a detailed judgment in the Islamabad High Court Chief Justice Sarfaraz Dogar transfer case and declared the transfer of High Court judges as per the constitution and law.
Justice Muhammad Ali Mazhar of the Supreme Court wrote a 55-page detailed judgment in the case of seniority and transfer of judges in the Islamabad High Court, in which it is said that the main point or basic condition is that before transferring a judge from one High Court to another, the President must take the consent of the concerned judge.
The detailed judgment has said that the most important second aspect is the consultation process. In the consultation process, the President is bound to consult the Chief Justice of Pakistan and the Chief Justices of both High Courts.
The court decision has said that the President has the power to transfer judges under the Constitution, there is no contradiction between Articles 175A and 200 of the Constitution, according to both the articles, the position was different to deal with different occasions.
The Supreme Court has said that the transfer of a judge is not possible without the consent and consultation of the judge, the decision to transfer judges is within the jurisdiction of the judiciary, the opinion of the judiciary has priority in the transfer process.
The court decision has clarified that the independence of the judiciary is not affected by the transfer of judges, there was no malice or retaliation in the transfer of judges, the transfer of judges has been done in accordance with the Constitution and the law.
The detailed judgment states that Section 3 of the Islamabad High Court Act 2010 does not prohibit transfer and the principle of provincial representation was not violated. The matter is referred back to the President for determination of seniority.
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