Islamabad lawyers to boycott courts tomorrow over judges appointment row

ISLAMABAD: All Islamabad bar councils have collectively announced a strike and a boycott of the high and district court proceedings on Monday in protest against the recent “malafide” transfer of judges to the Islamabad High Court (IHC).

In a joint meeting on Sunday, the Islamabad Bar Council (IBC), Islamabad High Court Bar Association (IHCBA), and Islamabad District Bar Association (IDBA) passed a resolution calling for the withdrawal of a notification regarding the posting of three judges to the IHC.

The move comes a day after President Asif Ali Zardari transferred three judges from other high courts to the IHC, amid speculation that the next chief justice of the capital court would be one of the transferred judges.

A notification from the Ministry of Law and Justice confirmed the transfers of 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 to the IHC.

The transfer of these judges to the IHC, against the wishes of five IHC judges, has raised concerns. Last week, five IHC judges wrote a letter to Chief Justice of Pakistan Yahya Afridi, expressing worries over media reports suggesting that one of the transferred judges would be considered for the post of IHC chief justice.

The letter, signed by Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, and Saman Rafat Imtiaz, was sent to CJP Yahya Afridi, IHC Chief Justice Aamer Farooq, LHC Chief Justice Aalia Neelum, and SHC Chief Justice Mohammad Shafi Siddiqui. Justices Arbab Muhammad Tahir and Miangul Hassan Aurangzeb were also named, but their signatures were absent.

In their resolution, the lawyer associations declared their intention to challenge the transfer notification in all relevant forums. They also called for the postponement of the Judicial Commission's meeting on February 10, which is scheduled to appoint Supreme Court judges.

Supporting the IHC judges' concerns, the Islamabad lawyers demanded that the next IHC chief justice should not be an “outsider.”

The resolution also mentioned a historic lawyer convention, organized by all bar councils, scheduled for 11am on Monday.

IBC Vice Chairman Aleem Khan Abbasi, speaking to the press, said, “We reject the notification regarding the posting of judges to the IHC.” He added that the lawyers suspected ill intent behind the judges' transfers and the upcoming meeting of the judicial commission. Abbasi urged bar councils nationwide to boycott the relevant court proceedings.

He further criticized the 26th Amendment, calling it a “black law,” and suggested that the Supreme Court should fully deliberate on the amendment.

IHCBA President Riasat Ali Azad emphasized that the strike and convention were a unanimous decision by the lawyer bodies. He accused those behind the move of attempting to undermine the IHC. “The IHC’s crime is that it advocates for the independence of the judiciary,” he said.

IDBA's Naeem Ali Gujjar stated that the lawyers were not supporting any individual judge but were standing firm for the judiciary and the Constitution. He vowed that the lawyers would resist the imposition of outsider judges.