SC returns petitions of 5 IHC judges with objections 

Islamabad (Web Desk): The Registrar’s Office of the Supreme Court has sent back petitions lodged by five judges of the Islamabad High Court after raising a series of objections.

The petitions were filed separately by Justices Tariq Mehmood Jahangiri, Mohsin Akhtar Kayani, Babar Sattar, Saman Rafat Imtiaz and Ejaz Ishaq Khan, who had challenged what they termed as the unconstitutional use of administrative authority in the high court.

Sources revealed that the Registrar’s Office dismissed the applications on the grounds that they did not specify any question of public significance or demonstrate violation of fundamental rights that could justify the court’s intervention under Article 184(3).

The office noted that the petitions reflected personal grievances, while the Supreme Court’s earlier decision in the “Zulfiqar Mehdi vs PIA” case made it clear that such applications cannot be entertained.

It was further stated that the judges had not provided sound reasons for invoking Article 184(3) nor had they clarified which parties were to be put on notice.

In their pleas, the judges contended that administrative powers must not be exercised in a way that undermines the judicial authority of high court judges. They argued that once a matter has been assigned to a bench, the chief justice of the high court has no authority to reconstitute a new bench or transfer the case.

They further maintained that the chief justice cannot arbitrarily exclude available judges from the roster or remove them from judicial duties.

According to them, rosters, transfers and formation of benches can only be carried out in line with rules framed collectively by all judges of the high court as envisaged under Articles 202 and 192(1) of the Constitution.

The petitioners also stressed that the idea of the chief justice acting as the “master of the roster” has already been struck down in earlier rulings of the Supreme Court, and therefore such decision-making cannot rest solely with one individual.

The petitions challenged the formation of administrative committees through notifications issued on February 3 and July 15, calling them unlawful, mala fide and of no legal effect. 
They sought a declaration from the Supreme Court that these notifications and all actions taken under them were invalid.

Earlier in February, the same judges had objected to the transfer of three judges, including Justice Dogar, from other high courts to Islamabad.

Their representation was turned down by the then IHC chief justice, Aamer Farooq, after which they approached the Supreme Court.

On June 20, a constitutional bench rejected their petitions, and their intra-court appeal against that order remains pending.

This issue ties into earlier concerns raised by the judges. On March 26, 2024, six IHC judges, including the current petitioners, wrote to the Supreme Judicial Council of Pakistan (SJCP), alleging interference in judicial work by an intelligence agency.

The letter documented instances of pressure, including the abduction and torture of judges’ relatives and covert surveillance inside their homes.