Justice Babar Sattar issued a detailed 73-page order, ordering to send copy of judgment to Ministry of Law, Ministry of Justice
Judge Babar Sattar. PHOTO: FILE
ISLAMABAD:
The Islamabad High Court (IHC) on Wednesday ruled that the executive branch must consult the judiciary for the appointment and removal of judges in Islamabad.
Justice Babar Sattar issued a detailed 73-page written order stating that the terms of service of judges include the exercise of power independently, impartially and free from external pressure. The court further held that the federal government should exercise its powers to appoint or remove judges only after consulting the IHC.
The ruling stated that the appointment of judges on deputation from other provinces undermines the autonomy of the judiciary in Islamabad.
The court ordered the government to amend the laws relating to the appointment, tenure and dismissal of judicial officers.
The decision further stated that until changes are made, the government must only make any appointment, transfer or removal in consultation with the Supreme Court or the IHC.
It said any appointment, transfer or removal without consultation will be considered illegal. The court ordered that a copy of the judgment be sent to the Ministry of Law and Justice and the Cabinet Office.
The judgment clarified that access to the courts is a fundamental and inalienable right of citizens under Articles 9 and 25 of the Constitution.
The three pillars of the state, the legislature, the executive and the judiciary, are independent of each other and none has supremacy over the other.
The court ruled that any law or administrative action affecting the independence of the judiciary will be considered unconstitutional and invalid.
