Govt’s ‘court packing’ leaves IHC in a tangle

In a move widely seen as “court packing”, the federal government has successfully shuffled the deck in the Islamabad High Court (IHC) by transferring three judges from other high courts – a development considered crucial by the executive due to the court’s role in hearing high-profile cases, especially those involving PTI and its leader, Imran Khan.A notification issued by the law ministry announced the transfer of three judges from different high courts to the IHC.”In exercise of the powers conferred under clause (1) of Article 200 of the Constitution of the Islamic Republic of Pakistan, the President of the Islamic Republic of Pakistan is pleased to transfer Justice Sardar Muhammad Sarfraz Dogar, Judge, Lahore High Court from Lahore. High Court to Islamabad High Court, Justice Khadim Hussain Soomro, Judge, High Court of Sindh from High Court of Sindh to Islamabad High Court; and Justice Muhammad Asif, Judge, High Court of Balochistan to Islamabad High Court,” the notification stated.Justice Dogar ranks 15th in seniority at the Lahore High Court (LHC), while Justice Soomro is 28th in the Sindh High Court (SHC). Justice Muhammad Asif was recently appointed to the Balochistan High Court just last month.Justice Dogar’s appointment to the LHC came in June 2015, whereas IHC’s senior puisne judge, Mohsin Akhtar Kayani, was inducted in December 2015.The reshuffling has sparked a debate over the determination of judges’ seniority in the IHC.Five IHC judges have written to the chief justices, arguing that transferred judges must take a fresh oath under Article 194 of the Constitution to serve in a new high court.”Correspondingly, his seniority would be determined from the date of the oath he takes for the purposes of serving at the Islamabad High Court: that the seniority is determined from the date oath is taken for such high court, at which the judge is to serve ,” the letter states.However, it is unlikely that the government and IHC Chief Justice Aamer Farooq will accept this interpretation.Judiciary under pressureTensions between the establishment and a majority of IHC judges have been rising, particularly after judges wrote to the Supreme Judicial Council (SJC) seeking guidance on alleged interference by intelligence agencies in judicial matters.The IHC judges have claimed they faced immense pressure during the Tyranny Case and detailed how judicial proceedings were manipulated in high-profile matters.PTI chief Imran Khan has already filed a complaint of misconduct against IHC CJ Aamer Farooq, alleging that he had either repeatedly ignored requests by his fellow judges to act against blatant interference in the functioning of the court by state agencies, or had actively played a part. in ensuring that such interference continued unabated.Senior lawyer and PTI leader Chaudhry Fawad Hussain likened the situation to the 1937 “court-packing” plan of US President Franklin D. Roosevelt.”Court Packing is a well-known concept. Packing the courts is the idea of ​​adding justices to the Superior Court or lower courts to shift the balance in favor of the executive,” he noted.The lawyer warned that the practice was now in full swing in Pakistan where courts are literally made subservient to the executive by appointing favorable judges. “This has eroded the independence of the judiciary and has turned it into a PCO-era judiciary.”In addition to that, he pointed out that bringing judges on an ethnic basis was the “worst thing that can happen to Pakistan,” adding that unfortunately, for limited political benefit, “the executive branch is playing with the country’s solidarity.”Advocate lawyer Faisal Siddiqi warned that if the move was not reversed, “February 1st, 2025, will be remembered as the beginning of the complete destruction of the IHC”.”Only lawyers’ mobilization can save us now,” he asserted.Meanwhile, the Islamabad Bar Council (IBC) has unanimously condemned the government’s decision, calling it an attack on judicial independence.”This decision is an affront to the independence of the judiciary and undermines the rights and representation of the legal fraternity in Islamabad. The Islamabad Bar Council firmly opposes this decision and is determined to resist such unjustified transfers that disregard the fundamental principles of judicial autonomy and regional representation,” the IBC stated.In response, the council has called an Emergent General House Session today (Sunday) at 11:00 am, joined by the Islamabad High Court Bar Association and the Islamabad District Bar Association. A press conference will follow at 1:00 pm to outline their future course of action.All eyes on JCPAll eyes are now on the Judicial Commission of Pakistan (JCP) and whether it will approve the elevation of Justice Aamer Farooq to the Supreme Court. If he is elevated, the question remains: who will be the next IHC chief justice?Legal analyst Reema Omer, commenting on the ongoing judicial crisis, wrote