ISLAMABAD: The judicial bureaucracy is considering transferring a judge of the Lahore High Court (LHC) to lead Islamabad High Court (IHC) as the post of its chief justice falls vacant next month.

IHC Chief Justice Mohammad Anwar Khan Kasi, who has been exonerated in four references, is going to retire on Nov 27.

Being the senior puisne judge, deposed Justice Shaukat Aziz Siddiqui was the likely successor of Justice Kasi. However, his sudden removal on the recommendation of the Supreme Judicial Council (SJC) has created a vacuum in the IHC.

IHC Chief Justice Mohammad Anwar Khan Kasi is going to retire on Nov 27

Though the next judge in the seniority, Justice Athar Minallah has become the senior puisne judge of the IHC, the legal fraternity is not sure whether the JCP would appoint him or a judge from another court may be transferred to the IHC as its new chief.

Traditionally, the senior puisne judge of a high court is appointed as the chief justice after the retirement of the incumbent. Justice Minallah was appointed the IHC judge in June 2014 and is considered one of the finest judges of the superior judiciary. In the last few years, he has authored landmark judgments in matters related to civil litigation, including real estate, criminal cases, environment and missing persons.

Sources privy to the judicial bureaucracy said LHC’s Justice Ayesha A. Malik and Justice Shahid Karim were being considered for the top post of the IHC.

Justice Malik has done LLM from Harvard Law School, Cambridge, Massachusetts, USA, where she was named London H. Gammon Fellow 1998-1999 for outstanding merit. She became the LHC judge on March 27, 2012, and is currently on No 13th in the seniority list.

Justice Shahid Karim was appointed on Nov 7, 2014, and is on 31st in the seniority list of the LHC.

Lawyers’ representatives told Dawn that they would request Chief Justice of Pakistan (CJP) Justice Mian Saqib Nisar to appoint the senior most judge of the IHC as its chief justice.

Besides Justice Minallah, there are three other judges in the IHC. They are: Justices Aamer Farooq, Mohsin Akhtar Kayani and Miangul Hassan Aurangzeb.

According to the Islamabad High Court Act 2010, the sanctioned strength of its judges is seven. After the removal of Justice Siddiqui, the high court has now five judges.

Since Chief Justice Kasi is reaching the age of superannuation on Nov 27, there would be three vacant positions of judges in the IHC.

Islamabad Bar Council (IBC), the regulatory body of the lawyers of the federal capital, on Friday held an emergency meeting to discuss the issue related to the appointment of the IHC chief justice and two other judges.

According to Syed Wajid Ali Gillani, member IBC, the council resolved that the JCP would be asked not to appoint any judge from the LHC or any other court as the chief justice of the IHC as it would send a message that Justice Siddiqui was removed for elevating a judge from other province in the IHC.

He said the IBC last year had passed a resolution against appointment of the IHC chief justice from provinces. The members of the council renewed the demand on Friday.

He said the IBC also demanded that the vacant positions should be filled by appointing suitable lawyers from the Islamabad Bar Association and in case a lawyer from a province is appointed as a judge someone from the legal fraternity of Islamabad may also be adjusted to the high court of that province.

IHC Bar Association President Javed Akbar Shah told Dawn that he also moved a resolution about the appointment of judges in the IHC.

“I also filed a petition seeking appointment of an IHC judge as the next chief justice of the court,” he added.

Published in Dawn, October 13th, 2018