The matter concerning the transfer of three judges from the provinces took a new turn as Justice Babar Sattar wrote a letter to Islamabad High Court (IHC) Chief Justice Aamer Farooq on Friday.
According to details, the letter, in which concerns were raised over the seniority list of transferred judges, demanded the revocation of both the seniority list and the administration committee notification.
Justice Babar Sattar, a member of the Islamabad High Court, pointed out in his letter that the change in the High Court Administration Committees was illegal. "The seniority list and the administration committee notification must be withdrawn," he stated.
The letter also mentioned that a representation would be filed against the seniority list.
The letter highlighted that it was unlawful for transferred judges to be part of the committee without taking an oath as judges of the Islamabad High Court.
“There is no mention in the transfer notification whether the transfer is temporary or permanent,” Justice Sattar’s letter stated.
It added that under Article 194, the transferred judges had already taken oaths in their respective high courts, pledging to serve there.
However, after the transfer to the Islamabad High Court, none of the three judges had taken the required oath, which meant they could not commence their duties without it.
In the letter, Justice Sattar further argued that without taking the oath, the judges could not be considered as part of the judicial or administrative functions of the Islamabad High Court.
"Under your supervision, the three judges have begun work in violation of Article 194. As Chief Justice, it was your responsibility to administer their oath," he wrote, adding that the failure to do so could result in embarrassment for the judges later on.
The notification for the administration committee, according to Justice Sattar, also violated the Islamabad Judicial Service Rules of 2011.
According to the letter, the Islamabad Judicial Service Rules stipulate that the administration committee should consist of the Chief Justice and two judges.
Therefore, it was not permissible for Justice Khalid Soomro, ranked ninth, to be included in the committee.
Furthermore, two judges from Sindh and Lahore High Courts, who lacked administrative experience with the Islamabad High Court, had been included in the committee.
The letter pointed out that just three days before, their transfer notification had been issued, and they had been included in the committee simultaneously.
Justice Sattar concluded, “We constantly remind that the executive can use its powers transparently according to the law. You will agree that judges, like the executive, are equally bound by the exercise of discretionary powers.”
