Islamabad:
The Court of Justice in the Islamabad District Service (IDJST) has canceled a notification of the Ministry of Justice with regard to the reconstitution of the Court – a decision showing a growing gap among the judges in the capital’s Supreme Court.
On March 18, the Ministry informed a new court consisting of three IHC judges, nominated by functioning Chief Justice Muhammad Sarfraz Dogar. Justice Khadim Hussain Somro was to lead it, while it also included Justice Muhammad Azam Khan and Justice Inaam Ameen Minhas.
However, the existing court, which includes justice, declared Tariq Mehmood Jahangiri, Justice Sardar Ejaz Ishaq Khan and Justice Babar Sattar, the message illegal in an order that also enabled appeal from senior civilian judge, Muhammad Shabbir.
In its order, Tribunal noted that it consists of a judge nominated by the then IHC chief, Aamer Farooq, on January 9, 2024, and there is no need for its reconstitution, as there is no difference between the chairman of the court and the members.
It said the Justice Secretary of the Court informed the personal secretary of the Court’s chairman that the personal secretary of IHC, who served CJ, sent verbal direction to him on March 17 to advise court members not to issue any orders in pending appeals, including those reserved for judgment,
It noted that acting CJ is not granted any administrative authority to issue such directions or otherwise interfere with the result of complaints from the members of the subordinate judiciary that pending the court against decisions taken by the departmental authorities reporting to his office.
It said the court was last composed according to a review dated January 9, 2024 on the basis of nominations from the then Chief Justice, Aamer Farooq.
“When the court was duly composed, Chief Justice became” Functus Officio “. The honest functioning Chief Justice had no role to play in the court’s function and could no longer withdraw earlier nominations from Chief Justice.
“Likewise, the federal government and the president had no authority to reconstive the court unless a vacancy emerged which required to be completed in accordance with Chief Justice’s nomination,” it added.
The order advised to the court’s registrar to give a copy of this order to IHC that worked CJ and the judges nominated by him to serve in the court while allegedly seeking to reconstate it.
“We have been informed that a causal list of the Justice Secretary’s office has been issued to solve to hear a various application under an official in this appeal, reserved for orders and judgment on 13.03.2025.
“We do not want to bother ourselves or our Hon’ble Brother judges nominated by the honestly functioning Supreme Court of the Court, under the wrong belief that the CJ was awarded the power to reconstate the court, with the newly nominated members who assumed jurisdiction over this case, dated 18.03.2025.
“[This] Message is devoid of legal authority and has been issued in violation of section 3 of the Islamabad subordinate Judiciary Service Tribunal Act, 2016, ”added it.
