Transfer case first of its kind: CB head
During hearing of the case, Justice Muhammad Ali Mazhar agreed with counsel for one of the petitioners, Barrister Salahuddin, that there is no precedent in the past for a permanent transfer of a judge from one high court to another. "This is the first case of its kind involving such a transfer," he said.
Earlier, Barrister Salahuddin argued that a judge's seat cannot be vacated through a transfer, and a permanent transfer would render Article 175-A of the Constitution ineffective.
Article 175A establishes the Judicial Commission of Pakistan (JCP), which is responsible for appointing judges of the Supreme Court, high courts, and the Federal Shariat Court.
He stated that under Article 200, only temporary transfers are permissible, and permanent appointments can only be made by the JCP.
Justice Mazhar noted that under Article 175-A, new appointments can be made, adding that "appointment" and "transfer" have different meanings.
Salahuddin said a meaningful consultation is essential in any judge's transfer, and without it, the entire process is a mere formality. He alleged that information was concealed and inaccurate details were provided during the transfer of three judges to the IHC in February this year.
Justice Mazhar said the case involves interpretation of constitutional and legal points. He noted that three chief justices were involved in the transfer process and not everything was in the hands of the executive. Consent of the transferred judge is also obtained, he added.
Salahuddin referred to civil service rules, stating that when two individuals are appointed on the same day, seniority is determined by date of birtha principle the SC has upheld in a previous reference.
He also cited the Aslam Awan case, which called for clear rules on judicial seniority. Attorney General for Pakistan (AGP) Mansoor Awan stated that once the SC defines a principle, the rules will follow.
Salahuddin requested that the Supreme Court decide the case based on civil service rules, past precedents, and the principle of equality.
Justice Mazhar asked what becomes of a judge's previous service if he takes a new oath after his transfer from one high court to the another. "In India, even if a judge takes five oaths upon transfer, their determined seniority remains unaffected" but Pakistan does not have an "All Pakistan Cadre".
He said the court is raising questions for the sake of clarity and informed judgment, noting that when a high court judge is elevated to the SC, their final pay certificate reflects 11 or 12 years of service.
Salahuddin responded that while benefits and pension would be retained, the judge's seniority would be reset. He urged the court to consider the impact on the sitting judges of the court receiving the transferred judge.
It would be unjust, he said, for a judge ranked 16th in one court to become the senior-most judge in another, ahead of those who were previously more senior. IHC Acting Chief Justice Sardar Muhammad Sarfraz Dogar, one of the judges transferred to the IHC in February, ranked 16th in the Lahore High Court.
Justice Mazhar reiterated that no such objections were raised by judges of the Lahore High Court and instructed the lawyer to stick to issues related to IHC. He added that if arguments conclude by June 16, the court may issue a short order after consultation with judges on the same day.
Barrister Salahuddin requested the case be heard until the next day. Justice Naeem Akhtar Afghan noted that some judges on the bench would not be available. Justice Salahuddin Panhwar commented that rebuttal arguments can include questions. The hearing was adjourned until 9:30am on June 16.
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This was Asif Ali Zardari's first term in office, during which the financial resources available to the people were significantly increased through the National Finance Commission (NFC) Award. During his five-year tenure, the salaries of government employees rose by 158%. Through the Benazir Income Support Programme (BISP), financial assistance to 7.5 million households, benefiting approximately 50 million individuals, was doubled, with a total of Rs 70 billion distributed. In addition, self-reliance initiatives such as the Waseela-e-Haq and Waseela-e-Rozgar schemes were launched to support millions of low-income families. Furthermore, 135,000 beneficiaries received assistance from Bait-ul-Mal, including care for homeless children through the establishment of Sweet Homes. From 2008 to 2013, Zardari made strides to resolve the energy crisis by adding over 3,600 MW of electricity to the national grid. Expansion projects for the Mangla and Tarbela Dams were initiated, creating the potential to generate an additional 4,500 MW of electricity. Furthermore, $3.5 billion in assistance was secured for the Diamer-Bhasha Dam project, and work began on the Neelum-Jhelum, Gomal, and Sat Dam projects. In addition to developing wind power generation at Thar Coal and Jhampir, several small and large-scale hydropower projects were launched. Various initiatives implemented made it possible to store 8.5 million cubic feet of water through irrigation, which was aimed at improving water management and agricultural support. President Asif Ali Zardari and the PPP government placed special emphasis on creating employment opportunities for the country's unemployed youth. Between 2008 and 2013, 105,000 lady health workers were employed. Thousands of workers who had been laid off in previous administrations were reinstated, and millions of contract employees were regularized. Alongside these changes, 500,000 industrial employees of 80 state-owned enterprises received 12 percent shares, granting them stakeholder status. Unprecedented healthcare, educational, and vocational resources were also granted. During President Zardari's tenure, import tax rates were reduced, which encouraged foreign investment. Relative to other countries, inflationary pressures in the rest of the world and consumer prices in Pakistan remained relatively subdued, alongside a significant number of essential commodities that remained stable. Furthermore, all other supplementary steps for public service and economic stability were for the betterment of the public. To help alleviate the feeling of neglect in Balochistan, the Aghaz-e-Haqooq-e-Balochistan Package was implemented during the presidency of Asif Ali Zardari, which expedited the development processes of the province. Khyber Pakhtunkhwa was given back its historic and cultural name, whereas Gilgit-Baltistan was granted the status of a province, which culminated in constitutional and administrative reforms. Mountains of legal and political reforms were also enacted regarding the tribal areas, notably FATA, granting these people their first-ever basic rights and elected representatives. The most landmark interventions further defined a new chapter in national unification and the security and inclusion of the federation of Pakistan. A further fact that is generally accepted today is that Asif Ali Zardari is visible as a workaholic, always full of work-related responses. Rather than seeking vengeance, he chose to tread the path of democracy and reconciliation, thus making phenomenal strides in advancing Pakistan and its people. He never allowed the distracting negativities of propaganda to deter him. Today, even many of those who once harshly criticized him recognize him as a thoughtful and visionary politician. Asif Ali Zardari proved that true leadership lies in rising above temporary challenges and working patiently and wisely toward a greater goal, with perseverance, foresight, and a deep understanding of history. Such individuals are not only leaders of their time, but also of history. In the tribal areas, especially FATA, the introduction of major legal and political reforms granted the people of these regions basic rights and political representation for the first time. These reform initiatives represent a watershed event in strengthening national integration and ensuring national security and inclusivity in the Pakistani federation. Asif Ali Zardari sustained and avoided any political exploitation. Instead of being vengeful, he opted for reconciliation and democracy, creating tremendous opportunities for Pakistan and its populace. He would not allow detrimental propaganda to take his focus off his rightful course. Today, even those who harshly criticized him now recognize Zardari as a thoughtful politician and a leader with vision. Asif Ali Zardari proved that true leadership lies in rising above temporary challenges and working patiently and wisely toward a greater goal, with perseverance, foresight, and a deep understanding of history. Such individuals are not only leaders of their time but also of history. The author is the Sindh Senior Minister for Information and Transport, Government of Sindh.
