Islamabad:

Judge Babar Sattar in Islamabad High Court (IHC) has taken exception to the introduction of court work from the three judges recently transferred to the capital’s Supreme Court from the provincial high courts in Sindh, Punjab and Balochistan without first taking oaths as IHC -The judges.

The judge has also objected to the new seniority list of IHC Justices as well as the involvement of the transferred judges in IHC’s administrative committees and department promotion committees that declared that all these traits to be in violation of the Constitution and the law.

In a letter dated February 4th and addressed to IHC Chief Justice Aamer Farooq, Justice Sattar stated that in accordance with Article 193 of the Constitution, Chief Justice and any judge by a Supreme Court is appointed by the president in accordance with Article 175a of the Constitution.

“The other possible form of appointment of a judge to a Supreme Court is by means of transfer in the form of Article 200 of the Constitution.”

He said in accordance with Article 194 of the Constitution before entering Embed, the chief court of a Supreme Court is obliged to take an oath to be administered by the provincial governor of Chief Justice.

“Similarly, no judge can take on a judge’s office and start performing the functions and duties of the office of a judge by a Supreme Court without swearing an oath as a judge of the special Supreme Court, in the province of such the Supreme Court.”

Justice Sattar noted that after their transfer to IHC with regard to Article 200 of the Constitution, the three judges did not take an oath in the form prescribed in the third schedule of the constitution as judges in IHC “as the rest of us have done ”.

“Therefore, they cannot be assumed to have taken over the office of the judges in IHC and therefore cannot be treated as judges of IHC for the performance of legal tasks and/or administrative functions,” he added.

Justice Sattar reminded Justice Aamer Farooq that he, as IHC High Court, was under an obligation to administer oath to the transferred judges regarding Article 194 of the Constitution before taking office as judges of IHC.

“Each existing day when the transferred judges exercise legal and/or administrative powers and functions in the office of a judge in IHC, the illegality will continue to be immortalized.

Opposing the Reconstration of the IHC Administrative Committee, Justice Sattar, which has been on leave since February 3, noted that the Administration Committee under the Islamabad Committee should include the IHC Court and two senior judges.

“Although we should not remember the constitutional requirement to curse an oath of Terms Article 194 of the Constitution and imagine a situation where the transferred judges have sworn oath as judges in IHC, Justice Somro, currently in series # 9 On the seniority list that has been issued by you [on February 3]Would still not qualify as one of the two senior judges in IHC.

“Since the Composition of the Administration Committee is prescribed by Rule 2 (a) in the Islamabad judging rules, Chief Justice is awarded without discretion to constitute a committee in violation of such a rule and appoint a junior judge to serve from the administrative committee,” he added.