ISLAMABAD: The Ministry of Law and Justice has said appointment, posting and transfer of judges in the district and sessions courts of Islamabad does not relate to it.

The ministry in a written response to a petition filed by Riasat Ali Azad, president Islamabad Bar Association (IBA), in the Supreme Court seeking rotation of judges working in the sessions court to other provinces stated: “The Islamabad Judicial Service Rules 2011 are made by the Islamabad High Court as provided under section 6 of the Islamabad High Court Act 2010. Therefore, Ministry of Law and Justice is not involved in the appointment of officers of the subordinate judiciary of Islamabad High Court, Islamabad as well as in the transfers and posting of such officials.”

The ministry requested the apex court “to dismiss the petition with cost.”

However, the SC has summoned the district and sessions judges of Islamabad on Aug 16 when it will resume hearing of the petition.

Ministry requests SC to dismiss plea seeking rotation of session courts judges to other provinces

The office of the registrar of SC on August 7 issued a notice to the president of Pakistan, the attorney general, advocate general Islamabad, secretaries law, finance, registrar IHC and the district and sessions judges of Islamabad east and west.

Initially, the matter was fixed for the third week of August. However, as per the revised caused list of the apex court, the registrar office fixed the case for Aug 16.

In its order of July 31, the apex court noted: “Having heard the learned counsel for the petitioner, the learned deputy attorney general and the learned advocate general, Islamabad, we find it expedient that concise statements be filed by all the respondents in the matter within three weeks from today. Anyone who fails to comply with this order shall personally appear in court to explain his position, particularly the registrar of the Islamabad High Court. As mentioned, a concise statement shall also be filed by the concerned district and sessions judge.”

In the petition, Mr Azad challenged Rule 6 to 9 of the Islamabad Judicial Service Rules 2011. These rules are related to the initial appointment and posting as well as transfer of the judges of the subordinate judiciary of the federal capital.

According to the petition, the judges cannot work for an indefinite period in a single district. It requested the apex court to issue directions to the respondent authorities to amend the Islamabad Judicial Service Rules to enable the posting/transfer of judges of the federal capital to other provinces and vice versa.

The rotation of judges working in the federal capital is the longstanding demand of the lawyers of Islamabad. After the establishment of the IHC in 2011, a majority of judges were appointed on the vacant positions in the judiciary on deputation from the judicial services of the provinces.

In the past, several petitions were filed in the IHC seeking rotation of the judges.

Chief Justice of Pakistan Saqib Nisar in February this year visited the Islamabad High Court Bar Association and announced that their demand to rotate the judges of the subordinate judiciary had been accepted and the modalities might be finalised soon.

Published in Dawn, August 12th, 2018