Supreme Court Adjourns Judges’ Transfer Case as Arguments Clash

Islamabad: The Supreme Court of Pakistan has adjourned the hearing of the judges’ transfer case until 9:30 AM tomorrow, after conflicting arguments were presented by the parties involved. Chief Justice Muhammad Ali Mazhar, heading a five-member bench, expressed concern over the contradictions in the legal arguments submitted by the petitioners, stating that calling transferred judges “deputationists” was inappropriate and could lead to regret.
The hearing, led by Justice Muhammad Ali Mazhar, included arguments from renowned lawyer Hamid Khan, who contended that the Cabinet was authorized to advise on the transfer of judges, in accordance with the Mustafa Impex ruling, which equates the term “federal government” to the Cabinet.
Justice Mazhar questioned whether the inclusion of the term “Prime Minister” in Article 48 rendered it ineffective, based on the Mustafa Impex ruling. He also noted that the petitioners had failed to address issues related to seniority and the representation of the Chief Justice of the Islamabad High Court in their arguments.
Justice Salahuddin Panhwar pointed out that the Islamabad High Court’s decision did not highlight any legal flaws. Justice Mazhar remarked that both the petitioners and the judges had relied on the Islamabad High Court’s ruling, which left them obligated to identify any legal defects in it.
Lawyer Faisal Siddiqui, representing Karachi Bar, explained that judges undergoing transfers would not be required to take a new oath, as transfers were temporary and did not impact their previous service or seniority. He argued that transfers under presidential orders were temporary and could not be made permanent.
Justice Mazhar clarified that the Islamabad High Court judges had not discussed the transfer process in their decision. The bench was also concerned about the failure of the petitioners to address the legal aspects of the seniority issue raised by the Islamabad High Court’s Chief Justice.
The case is centered on the transfer of judges from the Islamabad High Court, with the petitioners challenging the move. In their representation, the Islamabad High Court judges labeled the transferred judges as “deputationists,” a remark that Justice Mazhar deemed regrettable.
As the hearing progressed, Justice Mazhar remarked that, in cases like those involving former Chief Justice Abdul Hafeez Meman, the transfer of judges had occurred without any dispute over their permanent status.
The hearing has been postponed to 9:30 AM tomorrow for further deliberation on the case.