LAHORE: A clear division is visible within the legal fraternity on the transfer of judges from three provincial high courts to the Islamabad High Court (IHC), as two major groups in the bar have yet again come up with opposing stances.
A few days ago, three judges from as many different high courts were transferred to the IHC under Article 200 by the president, despite strong opposition by five out of 10 IHC judges and some lawyer bodies, who termed the move an attack on judiciary’s independence.
Bodies dominated by Senator Hamid Khan-led Professional group rejected the government’s move, while those represented by Ahsan Bhoon-led Independents, famously known as the Asma Jahangir group, supported the decision.
The Professional group is widely supported by the Insaf Lawyers’ Forum, the PTI legal wing, whereas the lawyers’ forums of the PPP, PML-N and PML-Q back the Asma Jahangir group.
The stance of both groups on the government’s decision related to the judiciary in particular is usually predetermined due to their political alignments.
“The Punjab Bar Council has fully endorsed President Asif Ali Zardari’s constitutional authority and procedure regarding the transfer of judges in the Islamabad High Court,” said a statement issued by PbBC Vice Chairman Irfan Tarar and Chairman Executive Committee Farooq Dogar.
They said the move was a significant step toward restoring the federal character of the IHC. They stressed that ensuring representation for all regions, including smaller provinces, in the judiciary of the federal capital aligned with the original vision at the time of the court’s establishment.
The PbBC representatives claimed that the weakening of its (IHC) federal role had resulted in a lack of proper provincial representation. They stressed that restoring the federal character of the IHC was essential to maintaining the integrity and inclusivity of Pakistan’s judicial system.
They expressed respect for all the judges transferred to the IHC, saying the inclusion of the judges would significantly improve the timely and fair resolution of cases in the high court.
They warned that any negative remarks or resistance against this decision would undermine the principles of federalism. The council’s leaders urged the legal community to rise above regional biases, welcome the decision, and refrain from engaging in negative propaganda.
‘Transfer is rejected’
However, the Professional group of Hamid Khan differed. At a press conference, the leaders of the group warned that if the rest of the judges of the IHC did not take a stand, their authority and stature would diminish.
The conference was addressed by Lahore High Court Bar Association President Asad Manzoor Butt, its former presidents Ishtiaq A. Khan, Shafqat Mehmood Chohan, Rana Zia Abdur Rehman and former vice president Rabbiya Bajwa.
They rejected the transfer of the judges from other provinces to the IHC, demanding that the senior judiciary must take a stand on the issue.
They criticised the decision, alleging that fear led to the transfer of not just one but three judges simultaneously. They also expressed disappointment over what they termed the transfer of “handpicked” judges, arguing that the judiciary must take a clear position on the matter.
Lahore Bar Association President Mubashir Rehman also condemned the transfer of the judges from other provinces to the IHC.
The lawyers belonging to the Professional group also observed a partial boycott of the courts’ proceedings as a part of their protest against the transfer of the judges.
In Islamabad, the Islamabad High Court Bar Association, dominated by the Hamid Khan group, held a convention and strike in connection with the transfer but the response to their call was muted.
Published in Dawn, February 4th, 2025
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