A petition from judges!
The executive's obsession to 'manage' the superior judiciary is now taking a toll on the rule of law. The unrest prevalent among senior judges, who are being denied their right of promotion as per law and the Constitution, is highly unfortunate. Regrettable, they are not being heard. This injustice against the Justices themselves is squarely evident at the Supreme Court as well as the IHC, as the controversial 26th amendment has been used as a ploy to supersede judges on the premise of the plausible leaning of the junior jurors with the government of the day.
Another letter from five senior most IHC judges has once again laid bare the arm-twisting by the executive. The judges have openly questioned the rationale behind the transfer of three judges to the IHC from other High Courts and the out-of-turn elevation of Justice Sarfraz Dogar as IHC's senior puisne judge. The letter, addressed to the Supreme Court, has also been converted into a petition, wherein the five IHC judges have prayed that the "president does not have unfettered and unbridled discretion to transfer judges from one high court to another, under Article 200(1) of the Constitution, without a manifest public interest, and in a manner that hampers the principles of independence of judiciary and separation of powers."
Will the contents of this letter be heard by the Chief Justice and the Constitutional Bench? Or will this letter also be buried beneath the carpet as has been the case with an earlier letter from six IHC judges who complained against "blatant interference in their domain"? What cannot, however, be denied is the fact that these incursions from the executive have created an atmosphere of cooption and coercion, which is detrimental not only to the principle of separation of powers as enshrined in the Constitution but is also in contravention of the independence of judiciary.
This condemnable convention of sidelining eligible judges, and undermining stipulated norms of the Constitution is disgusting and must be shunned. The prevailing discontent among judges must be addressed instantly.
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