ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) founder and former prime minister Imran Khan has filed an intra-court appeal against the recent verdict in judges transfer and seniority case.
The Constitutional Bench of the Supreme Court has recently issued a verdict with 3-2 split, declaring the transfer of judges to the Islamabad High Court (IHC) constitutional.
The petition filed by the incarcerated former PTI chairman said that the transfer of judges is “an attack on the independence of the judiciary”, alleging that the purpose of transferring three High Court judges to the IHC is to push back independent judges.
The petition also mentions the letter written by IHC judges, against the interference. “Instead of acting on the letters, the seniority of these judges was affected,” the petition said, adding that transfer under Article 200 can only be temporary.
It further said that the President does not have the authority to transfer or determine the seniority of judges, saying, “Permanent transfer is a violation of the Constitution and cannot be an alternative to appointment”.
In the petition, Imran Khan contended that through these transfers, Article 175-A was violated because the appointment process was ignored. “Under the Islamabad High Court Act 2010, representation of all provinces is required,” the petition said, adding, “The executive filled the court with judges of its choice, which has affected the independence of the judiciary.”
The power given in the constitution should not be misused, the petition requested, adding that the independence, seniority and judicial autonomy of judges should be protected.
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