Islamabad Lawyers
Terming the recent transfer of judges to the Islamabad High Court (IHC) as “malicious” and a direct “attack” on judicial independence, three major bar councils in the federal capital have unanimously announced a strike, boycotting court proceedings at both the high court and district courts on Monday.
During a joint session held on Sunday, the Islamabad Bar Council (IBC), Islamabad High Court Bar Association (IHCBA), and Islamabad District Bar Association (IDBA) passed a resolution demanding the withdrawal of the notification regarding the appointment of three judges to the IHC. The legal fraternity views these transfers as an attempt to undermine the autonomy of the judiciary.
This decision comes in response to President Asif Ali Zardari’s recent move to transfer three judges from other high courts to the IHC, fueling speculation that the next chief justice of the federal territory’s court might be one of the transferred judges.
A notification issued by the Ministry of Law and Justice confirmed that Justice Sarfraz Dogar from the Lahore High Court, Justice Khadim Hussain Soomro from the Sindh High Court, and Justice Muhammad Asif from the Balochistan High Court had been reassigned to the IHC.
The decision raised significant concerns, particularly as it was made against the recommendation of five existing IHC judges. Last week, Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, and Saman Rafat Imtiaz wrote to Chief Justice of Pakistan (CJP) Yahya Afridi, as well as the chief justices of the IHC, LHC, and SHC, expressing their reservations over reports suggesting that an external judge might be appointed as the IHC’s next chief justice. Although Justices Arbab Muhammad Tahir and Miangul Hassan Aurangzeb were also mentioned in the letter, their signatures were absent.
In their resolution, Islamabad’s legal community vowed to challenge the notification at all available legal forums. They also called for the postponement of the Judicial Commission’s meeting scheduled for February 10, which was set to discuss appointments to the Supreme Court.
Supporting the IHC judges’ concerns, the bar councils demanded that the next chief justice of the IHC should not be an “outsider” but instead be chosen from within the existing judges of the court.
They also announced a historic lawyer convention under the supervision of all bar councils, scheduled for 11 a.m. on Monday.
During a media interaction, IBC Vice Chairman Aleem Khan Abbasi categorically rejected the notification, stating that there was clear “malice” behind the fresh appointments.
He urged bar councils nationwide to join the protest and boycott court proceedings in solidarity. Additionally, he criticized the 26th Amendment, labeling it a “black law,” and called for a full-bench hearing of the Supreme Court to review the amendment.
IHCBA President Riasat Ali Azad echoed these concerns, stating that the strike and convention were a collective and unanimous decision of the legal fraternity.
He alleged that attempts were being made to “conquer” the IHC and curtail its independence. “The IHC’s only ‘crime’ is its demand for judicial independence,” he remarked.
Meanwhile, IDBA President Naeem Ali Gujjar clarified that the protest was not about supporting any particular judge or individual but about defending the judiciary and the Constitution. He firmly opposed the appointment of external judges to the IHC, warning that the legal community would resist any such move.
Expressing solidarity, Karachi Bar Association (KBA) President Aamir Waraich also announced a court boycott in protest of the judicial transfers.
In a statement, he confirmed that lawyers in Karachi would refrain from court proceedings on Monday as a show of support for Islamabad’s legal community. He added that a general body meeting of the KBA would be held at 11:30 a.m. to discuss further steps.
With tensions escalating, the legal fraternity’s resistance to these transfers underscores the growing concerns over judicial independence and the transparency of judicial appointments in Pakistan.
