SC rejects IHC judges' petitions over lack of public interest, rights violation
Pakistan
Lack of public interest and personal bias cited as grounds for dismissal.
ISLAMABAD (Dunya News) - The Supreme Court Registrar’s Office returned the constitutional petitions filed by five judges of the Islamabad High Court, raising objections over their admissibility.
According to sources, the Registrar’s Office stated that the petitioners failed to clearly outline any matter of public interest in their pleas, nor did they specify which fundamental rights were being violated to warrant action under Article 184(3) of the Constitution.
The objections further noted that the petitions appeared to stem from personal grievances. Citing precedent from the Zulfiqar Mehdi vs PIA case, the Registrar emphasized that constitutional petitions under Article 184(3) cannot be filed on the basis of personal vendettas.
Additionally, the Registrar’s Office remarked that the petitions did not fulfill the necessary components of a constitutional application, nor did they provide adequate clarification regarding the parties to be notified.
Also read: In letter to CJP Afridi, Imran Khan raises concerns over justice system
It is to be recalled that five IHC judges had individually filed appeals in the Supreme Court, contesting various actions and powers of Chief Justice Sarfraz Dogar.
In their constitutional petitions, the judges argued that a judge cannot be barred from work by the High Court; only Article 209 of the Constitution allows such action.
They stated that the petitions were filed under Article 184(3), maintaining that under Article 202, only the Chief Justice can form benches according to prescribed rules, while the “master of roster” doctrine has already been struck down by the Supreme Court.
The petitions further requested that the notifications of February 3 and July 15 regarding administrative committees, along with their actions, be declared void, and that the recent rules of the IHC be declared unlawful. They also argued that under Article 199, the High Court cannot issue writs against itself.
Alongside filing appeals against decisions against them, Justices Tariq Mehmood Jahangiri, Babar Sattar, Saman Rafat, Sardar Ejaz Ishaq, and Mohsin Akhtar Kayani appeared at the Supreme Court, completed biometric verification, and submitted their appeals.
Justice Kayani clarified that under current rules, all judges cannot be made parties in a single petition, which is why separate appeals were filed.
Earlier the same day, Justice Mohsin Akhtar Kayani also filed a separate constitutional petition in the Supreme Court, naming the CJ IHC and the State as respondents.
He argued that administrative powers cannot override judicial authority, the CJ cannot alter already formed benches at will, nor can he remove judges from the roster or prevent them from performing judicial duties.
