Islamabad:
Legal minds are in shock over an unprecedented development in Islamabad High Court (IHC), where Justice Tariq Mehmood Jahangiri has been excluded from the next three days list.
Although a division bench led by Chief Justice Sarfraz Dogar has not yet placed a written order in the Justice Jahangiri case, there are reports that the judge has been maintained from judicial work.
The situation will be clear after reviewing the written order. However, it is clear from the new list that Justice Jahangiri is not part of any single or division bench in the next three days. It will be interesting as if the written order will be issued after tremendous criticism from lawyers.
Legal minds are unanimous that Judge of Superior Court cannot be detained from legal work through a court decision, as it will invite anarchy in the judiciary. Former Sindh High Court Bar Association (SHCBA) President Salahuddin Ahmed says it’s hard to imagine an order “more obvious, illegal or order that is more obviously dripping” with bias.
“Justice Jahangiri was a cushion in the Supreme Court against Chief Justice Dogar’s transfer to the IHC. Both the refereeing code and the basic legal ethics dictated that Chief Justice Dogar could not sit on a bench and hear the petition against Justice Jahangiri. But he did,” he said.
Salahuddin further stated that the Supreme Court in Yellow Taiz Marwat has declared that a bench/judge in High Court cannot entertain a petition against another bench/judge. It is excluded in accordance with Article 199 (2). 5, in the Constitution and the Rules of Court of Justice. But the bench of Chief Justice Dogar and Justice Azam had apparently not read the verdict or article 199. “
He also said that the Supreme Court in Iftikhar Chaudhry’s case has declared that a judge cannot be detained from court work as it constitutes a removal of a judge which can only be done by the Supreme Court Council under Article 209 of the Constitution. But this bench probably has not read this judgment.
Faisal Siddiqi Advocate said that the virtual suspension of justice Jahangiri is as constitutional and as a ruthless act as a suspension of the former Chief Justice iftikhar Chaudhry of military ruler General Perez Musharraff. Chief Justice Dogar goes into the dictator’s footsteps. But all the responsibility and Onus are located with Chief Justice Yahya Afridi – which can stop the complete anarchy at IHC, he added.
Formerly further lawyer Tariq Mahmood Khokhar said this is an obvious violation of the Supreme Court’s judgment in CJP Iftikhar Muhammad Chaudhry case, which unequivocally gave “even a temporary interference with a judge’s office …” of any authority, against whom a referral “before SJC.
Waqar Rana Advocate said it has already been held in the Iftikhar Chaudhry case that a judge cannot be suspended during the procedure of charges of wrong behavior against him. Even the regulation in which SJC is authorized to suspend a judge was declared constitutional.
“In a writing of Quo Warranto, no temporary relief is given in the form of suspension because it would constitute a final relief. The suspension order is obviously illegal without jurisdiction and Mala Fide.
Barrister Asad Rahim Khan said it has been determined as clearly as day in iftikhar chaudhry versus president of the Pakistan case that not even SJC has authority to limit a judge from performing his functions. And it is in relation to the very constitutional body that is tasked with holding judges responsible what to say about their fellows earning on the same bench.
Khan declared that in view of this statement of law, under which authority can a judge be blanket limited from maintaining his oath? Justice Jahangiri’s decisions are free to be appealed, maintained or set aside as with any other judge before the overall courts. But limiting him from his duty is in itself a judge to act as within an exception status. The independence of the court has suffered enough, ”he said.
Abdul Moiz Jaferi Advocate said: “We have been in the High Court of Sindh to undo the unreasonable Middle Committee’s decision, as approved by the Syndicate at the University of Karachi for a year now. We have been pressed to explain our Locus Standi, our status to sue his countries to protest on the syndicate.
Hafiz Ehsaan Khokhar stated that the recent suspension order regarding a sitting IHC judge and the reported internal differences between judges raising serious concerns about the credibility of the judiciary. Such unprecedented judicial decision, adopted without the required legal restraint, is not in justice or the confidence of the citizens.
He emphasized that in accordance with Article 209 of the Constitution is the right forum to tackle accusations against judges SJC. Any action outside this constitutional path undermines legal independence and the proper process. The restraint of the court should have been exercised before he adopted such an order as institutional credibility depends on following the correct constitutional forum.
