Islamabad lawyers announce strike tomorrow against ‘malafide' transfer of judges to IHC

• Lawyers term judges posting to IHC as “attack” on judiciary.
• Bar councils seek withdrawal of notification on judges’ postings.
• Lawyers "not standing with any personality but with judiciary".

Terming the fresh postings of judges in the Islamabad High Court (IHC) “malicious” and an “attack” on the independence of judiciary, three representative bar councils of the federal capital have unanimously announced observing strike and boycotting the proceedings of the high and district courts on Monday.

In a joint sitting, the Islamabad Bar Council (IBC), Islamabad High Court Bar Association (IHCBA), and Islamabad District Bar Association (IDBA) on Sunday gave their nod to a resolution seeking withdrawal of a notification about the posting of three judges in the IHC.

The move came a day after Presi­dent Asif Ali Zardari transferred three judges from other high courts to IHC amid speculations that the capital court's next chief justice would be a "transferred judge."

According to a notification issued by the Ministry of Law and Justice, Justice Sarfraz Dogar from Lahore High Court, Justice Khadim Hussain Soomro from Sindh High Court and Justice Muhammad Asif from Balochistan High Court were transferred to the federal territory's court.

The approval of judges’ transfer to the IHC by the president against the request of the five Islamabad judges raised many eyebrows. Last week, five judges of the IHC penned a letter to Chief Justice of Pakistan Yahya Afridi and expressed concerns over recent media reports claiming that a transferred judge would be considered for the post of chief justice of the federal territory's court.

The letter — signed by Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan and Saman Rafat Imtiaz — was addressed to CJP Yahya Afridi, IHC Chief Justice Aamer Farooq, LHC Chief Justice Aalia Neelum, and SHC Chief Justice Mohammad Shafi Siddiqui.

The letter also had the names of Justices Arbab Muhammad Tahir and Miangul Hassan Aurangzeb, but their signatures were missing.

In today’s resolution, the lawyer bodies decided to challenge the transfer notification of three judges to the IHC at every forum. It further said that the Judicial Commission's February 10 meeting to appoint Supreme Court judges should also be postponed.

Throwing their weight behind the IHC judges’ letter, the Islamabad lawyers demanded that the next IHC chief justice should not be an “outsider”.

It further said that a historic lawyer convention, under all bar councils, would be held at 11am on Monday.  

During his interaction with journalists, IBC Vice Chairman Aleem Khan Abbasi said: “We reject the notification about the posting of judges to the IHC.”

The lawyers will stage a historic convention on Monday, he said, adding they smelled malice behind the fresh posting of judges to the IHC and the judicial commission’s meeting slated to be held next week.

He urged bar councils across the country to boycott the proceedings of the relevent courts.

He termed the 26th Amendment “black law” and sought full court of the SC to decide on the amendment.

IHCBA President Riasat Ali Azad was of the view that strike and the convention was their unanimous decision. He said that attempts were being made to conqueror the IHC.   

“The IHC’s sin is that it wants independence of the judiciary,” he added.

Meanwhile, IDBA Naeem Ali Gujjar said that the lawyers were not standing with any judge or personality but with the judiciary and the Constitution. He said that the lawyer would resist the outsider judges.