ISLAMABAD: Lawyers on Friday locked down the district courts and ‘detained’ judges of the subordinate judiciary in protest against the demolition of some of their chambers.

Late the night before, the Capital Development Authority (CDA) conducted an anti-encroachment operation on the direction of the district judiciary and removed 21 lawyers’ chambers illegally constructed on the footpath and in the emergency exit of the district courts.

In retaliation, lawyers declared the district courts a no-go area and also shut down a block housing 20 courtrooms.

Allege the drive was planned to disrupt their strike against govt’s proposal for transferring lower court judges

Some judges and litigants were still in the courts and managed to get out later on.

The Islamabad Bar Association had already announced a boycott of the courts a few days ago after the government’s proposal for the posting and transfers of judges of the subordinate judiciary of Islamabad to provincial high courts.

A judge of the subordinate judiciary told Dawn that he was finding it difficult to administer justice in such hostile conditions.

On the other hand, lawyers have denied that they locked down the courts or detained judges inside courtrooms.

Islamabad Bar Association President Riasat Ali Azad told Dawn lawyers had announced they will boycott court proceedings starting Dec 21 till their demand regarding the rotation of judges is accepted.

He alleged that sessions court judges deliberately ordered an anti-encroachment operation a day before the strike was to begin.

Chief Justice Mian Saqib Nisar had in February this year assured lawyers of the rotation of judges of the federal capital to other provincial judicial service and vice versa. The government had recently submitted a proposal before the apex court in this regard.

The proposed amendment in the Islamabad Judicial Service Rules, 2011 says: “A judge of the subordinate court may be sent on deputation to any revenue court, tribunal, special court, or any federal government office where such office requires a judge to be posted. In addition, a judge may also be sent on deputation to any other province should there be a demand from that province and the judge being sent on deputation agrees to such transfer.”

Under the proposed amendment, “such deputation shall not be for a period in excess of three years.”

Mr Azad said the proposal is “unacceptable”. He said that lawyers were demanding the posting of judges to provincial judicial service not to the federal ministries and divisions within the Islamabad.

Islamabad High Court Bar Association Secretary General Raja Faisal Younis said the judges should have taken the bar into confidence when ordering the anti-encroachment operation in the district courts.

Regarding the rotation of judges, Mr Younis said the chief judges had already assured lawyers of inter-provincial transfers of judges and that this should be done before his retirement on Jan 17, 2019.

The chief justice had earlier this year taken notice of the encroachments on football ground by lawyers, which is still pending adjudication.

Lawyers argue it is the government’s responsibility to construct a complex to house lawyer’s offices.

Published in Dawn, December 22nd, 2018