ISLAMABAD: While a petition filed by the administration of the Islamabad High Court (IHC) seeks a review of a judgement on departmental examinations of judges from the subordinate judiciary, nine civil judges have filed a petition with the Supreme Court to set the verdict aside.

IHC Justice Mohsin Akhtar Kayani on June 6 rejected petitions by civil judges, who subsequently have to appear in department examinations for the confirmation of their service.

The 19 civil judges had obtained a stay order after they failed to pass a single subject during their 2015 confirmation exams, which they were asked to appear for by the IHC administration in June after their probationary period expired.

IHC Justice Noorul Haq N. Qureshi in December 2015 granted a stay, and further examination was postponed indefinitely as a result.

Judges from the subordinate judiciary involved in litigation include Mujahid Rahim, Mubeshar Hassan, Omer Shabbir, Shahzad Khan, Mohammad Shoaib Akhtar, Raffat Mahmood Khan, Shaukat Rehman Khan, Shoaib Bilal, Shaista Khan Kundi, Malak Aman, Moahmmad Naveed Khan, Mohammad Azhar Nadeem, Ayesha Shabbir, Umbreen Iqbal, Saqib Jawwad and Raja Farrukh Ali Khan.

Justice Kayani has issued pre-admission notices on the petition filed by the IHC administration to the civil judges and the Islamabad District Bar Association.

Meanwhile, nine civil judges – Ayesha Shabbir, Shoaib Bilal, Shaukat Rehman Khan, Shahzad Khan, Raja Farrukh Ali Khan, Shaista Kundi and Mubeshar Hassan – have filed a petition in the SC through their counsel Asma Jahangir and Khurram Hashmi.

The petition contended that the civil judges were appointed under the Islamabad Judicial Service (IJS) Rules 2011, and were not asked to undergo a similar examination prior to their confirmation of service.

Examinations were required to be taken after the joining of service, and after three years of service, it said. The petition said that it was not fair for the IHC administration to conduct confirmation exams under the Punjab Civil Judges Rules 1991.

It also contended that these civil judges have already completed their maximum probationary period of four years, and the extension of their probationary period issued by the high court was against the IJS Rules.

The petition asked the court to set aside the IHC judgement asking civil judges to appear for the department examinations.

Published in Dawn, July 23rd, 2017