Supreme Court’s Constitutional Bench hearing the case related to the transfer and seniority of High Court judges.
Advocate General Punjab Amjad Pervaiz has filed a fresh miscellaneous application, submitting historical records of judges’ transfers from the creation of Pakistan in 1947 till 1976.
In the application, the Advocate General questioned whether the formation of the “One Unit” in Pakistan led to any seniority disputes among judges.
Justice Muhammad Ali Mazhar remarked that this is a new and significant point, and all parties will need to be heard on it.
He emphasized that every word and line of the Constitution matters, and the court cannot take any step that might be seen as a constitutional amendment.
Barrister Salahuddin, representing the five Islamabad High Court judges who filed the petition, completed his rebuttal arguments.
He argued that if a judge agrees to a transfer and it affects their seniority, it does not necessarily result in injustice, but fairness must also be ensured for judges in the receiving High Court.
He added that while the Islamabad High Court had framed relevant rules and issued notifications, the five petitioner judges were unaware of these changes.
Justice Mazhar responded that if the judges concerned didn’t know about the rules, then they were never validly enacted, as such rules must be approved by the full court.
During proceedings, Barrister Salahuddin also raised the issue of amendments in the Service and Rules Committee of the Islamabad High Court, pointing out that judges who had only recently joined were placed on the Administrative Committee. Attorney General Mansoor Usman objected, saying this issue was not even part of the constitutional bench’s case, questioning how it could be addressed during rebuttal arguments.
Justice Mazhar told Barrister Salahuddin that he had essentially framed the entire issue himself, reiterating that the court must be cautious not to overstep the Constitution.
Justice Salahuddin Panhwar noted that the Advocate General of Punjab’s fresh plea introduced the “One Unit” argument, and the bench would hear him once Barrister Salahuddin’s arguments were complete. Amjad Pervaiz informed the court that he had submitted a complete historical record of judges’ transfers between 1947 and 1976.
Justice Mazhar remarked that the Advocate General had introduced a new angle and should have presented it before the rebuttal arguments. The bench observed that all concerned parties must be given notice and heard on this new point.
After Barrister Salahuddin concluded his rebuttal, the constitutional bench directed all remaining counsel, including senior lawyer Hamid Khan, to complete their rebuttal arguments by tomorrow (Tuesday).
