ISLAMABAD: The simmering tensions among the high court judges touched new heights after a three-member tribunal declared another three-member tribunal of brother judges as “defunct” and scrapped the order regarding the repatriation of the judges.

In a related development, IHC Justice Arbab Mohammad Tahir also overruled the order of the “defunct tribunal”, allowing the appeal of 24 judges of Islamabad’s judiciary affected by the order. Justice Tahir announced the judgement on Thursday after reserving it about a month ago.

The Islamabad Subordinate Judicial Service Tribunal (IJST), comprising Justice Khadim Hussain Soomro, Justice Mohammad Azam Khan and Justice Raja Inaam Ameen Minhas, suspended the March 21 order by the earlier tribunal. The defunct tribunal had issued its order three days after its reconstitution by the president.

The erstwhile tribunal headed by Justice Tariq Mehmood Jahangiri, however, had ruled illegal the reconstitution of the IJST, declared the absorption of 12 judges of the district courts illegal and ordered the repatriation of over two dozen judges to their parent high courts.

New tribunal declares predecessors’ order passed ‘without legal authority’

The suspension of the now-defunct tribunal’s order stems from a civil miscellaneous (CM) application filed by a judge of district judiciary, who sought a restraining order against the actions of the former tribunal.

According to the applicant’s counsel, the tribunal comprising Justice Tariq Mehmood Jahangiri, Justice Babar Sattar and Justice Sardar Ejaz Ishaq Khan, on March 13, 2025, heard part of the case and directed submission of written arguments within two weeks. However, during the hearing, one of the tribunal members allegedly made inappropriate remarks perceived as biased against the applicant.

In response to this conduct, the applicant lodged a formal complaint. On March 18, the President of Pakistan reconstituted the Islamabad Subordinate Judicial Service Tribunal. Yet, the tribunal issued a short order on March 21 — a move the applicant described as lacking jurisdiction, given that the bench had effectively ceased to exist.

In response to another appeal, the tribunal held that the ruling was coram non judice — passed by a forum without legal authority — and thus no further suspension was necessary.

24 judges who were working in Islamabad’s judiciary on deputation also moved the Islamabad High Court (IHC) against the order for their repatriation announced by the defunct tribunal.

Justice Tahir reserved the decision on the petition of 24 judges and announced it after a month, ending uncertainty among the judges.

The petitioners included district and sessions judges, additional district judges, and civil judges serving on deputation from Punjab, Sindh, and Khyber Pakhtunkhwa.

In an interesting development, the judge on whose petition the superseded tribunal jolted the district judiciary had also submitted an application before the newly constituted tribunal, saying that the March 21 decision went beyond the relief he was seeking.

According to the application, he categorically communicated to the defunct tribunal that he was not seeking any direction against the absorption and promotion of any judge of the subordinate judiciary; rather, he was interested in service benefits only.

The order, issued by the three-member bench on March 21, discussed everything and granted relief on the dropped-out prayers but did not mention even a single word on the relief he was seeking.

The newly constituted tribunal was scheduled to take up the matter on May 29, but the hearing was cancelled without assigning any reason.

Published in Dawn, May 30th, 2025