Chief Justice of Pakistan Yahya Afridi on Monday welcomed the transfer of judges to the Islamabad High Court amid opposition from the capital’s legal fraternity, terming the move a “fair chance” for judges from different provinces.
On Saturday, President Asif Ali Zardari approved the transfer of a Lahore High Court (LHC) judge, Justice Sardar Muhammad Sarfraz Dogar, along with two others, to the IHC despite opposition from five IHC judges. They warned in a letter to top judges that his elevation as IHC chief justice would “violate constitutional procedures and judicial norms”.
The CJP’s remarks come after the Islamabad Bar Council, Islamabad High Court Bar Association, and Islamabad District Bar Association observed a strike in the district courts and the IHC today to protest what they called “unconstitutional measures” undermining the judiciary and legal profession.
During the oath-taking ceremony of the Press Association of the Supreme Court (PAS), CJP Afridi — while welcoming the transfer of judges — said that the IHC was not part of any area rather it belonged to the entire country.
“Judges from other provinces should also get a fair chance,” CJP Afridi said.
The CJP said that the issue regarding the transfer of judges should not be confused with the appointment of judges.
“Appointment and transfer of judges are two separate issues,” CJP Afridi said, adding that judges who were transferred to the IHC were already high court judges.
He appreciated the initiative and said that the process should continue in the future.
“Islamabad is the symbol of federation. A Baloch-speaking judge has joined, a Sindhi-speaking judge has joined, so you should rejoice [this moment],” the CJP said, stating that the federation belonged to everyone.
“The transfer happened according to the Constitution. It is a good step according to Article 200,” he said.
“More judges should come from different provinces,” the CJP added.
He said that, as the chief justice, his vision should be broader and that there was a need for more judges in the SC.
“I listened to 40 cases today,” he said.
Traditionally, the senior puisne judge of a high court is appointed as the chief justice. Still, the JCP last year introduced new rules to bypass the seniority criterion in light of the 26th Amendment. The commission proposed that the chief justice of a high court could be appointed from among the panel of five senior-most judges.