SC Continues Hearing On Judges' Transfer And Seniority Case

Muhammad Irfan Published April 30, 2025 | 02:30 PM

ISLAMABAD, (UrduPoint / Pakistan Point News - 30th Apr, 2025) A five-member constitutional bench of the Supreme Court, headed by Justice Muhammad Ali Mazhar, resumed hearing a case concerning the transfer and seniority of judges in the Islamabad High Court.

The bench also includes Justice Naeem Akhtar Afghan, Justice Shahid Bilal, Justice Shakeel Ahmed, and Justice Salahuddin Panhwar.

Representing the petitioner judges, senior lawyer Munir A. Malik continued his arguments saying that Article 200(1) of the Constitution cannot be viewed in isolation and must be read in conjunction with Article 200(2). "The transfer of a judge is an executive action, but the question is: how is the executive to exercise this authority?" he asked.

Justice Muhammad Ali Mazhar inquired whether any conditions apply to the executive's power to order judicial transfers.

In response, Munir A. Malik maintained that such executive decisions are subject to judicial review.

Justice Mazhar asked whether Munir A. Malik would be able to conclude his arguments today. Malik responded that he would try. Justice Mazhar noted that if arguments conclude today, another lawyer could begin presenting their case on Monday.

Malik then asked how long the court would be available today. Justice Mazhar explained that since one of the bench members had to leave for Karachi, the case had been scheduled early at 9:30 AM. With May 1 being a public holiday, the case would not resume until after that. The hearing was adjourned until 9:30 AM on May 7.