Justice Mazhar questions conflicting legal arguments, raises concerns over labeling judges as 'deputationists'
Pakistan
Supreme Court adjourns judges' transfer case hearing until tomorrow
ISLAMABAD (Dunya News) - A five-member constitutional bench, headed by Justice Muhammad Ali Mazhar, expressed concern over conflicting arguments presented by the petitioners' lawyers, particularly regarding seniority and oath-taking during judicial transfer cases.
Justice Mazhar remarked that labeling judges as "deputationists" was regrettable, and emphasised that transferred judges cannot be considered deputed officials. He noted that the Islamabad High Court (IHC) judges failed to address the transfer process adequately in their representation.
Lawyer Faisal Siddiqi argued that transfers are temporary and do not impact judges’ seniority, whereas Justice Mazhar questioned whether the Prime Minister’s role, as mentioned in Article 48, becomes irrelevant under the Mustafa Impex ruling.
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The hearing also included arguments from lawyer Hamid Khan and Advocate General Punjab, who submitted a written response.
Justice Mazhar stated that the affected parties are the judges themselves and highlighted contradictions in the legal positions taken.
Further arguments from the PTI founder's lawyer Idrees Ashraf and the Attorney General are expected in the next session.
The Supreme Court adjourned the hearing of the judges’ transfer case until 9:30 AM tomorrow.
