Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan has filed an intra-court appeal in the Supreme Court (SC) against the verdict in the judges' transfer and seniority case. In the petition, former prime minister Imran Khan has requested the Supreme Court to nullify the 3-2 judgment. The petition argues that the transfer of judges is an attack on judicial independence.

The transfer of three High Court judges to the Islamabad High Court was aimed at sidelining independent judges. Some High Court judges had written letters against interference, but instead of taking action on those letters, their seniority was affected. The petition states that under Article 200, transfers can only be temporary. The President has no authority to determine the transfer or seniority of judges.

Permanent transfers are unconstitutional and cannot serve as a substitute for proper appointments. The transfer of judges violated Article 175-A, as the appointment process was bypassed. Furthermore, the petition claims that under the Islamabad High Court Act 2010, representation from all provinces is mandatory. The executive filled the courts with judges of its own choosing, compromising judicial independence.

The powers granted under the Constitution must not be misused. In the appeal, the PTI founder has requested the formation of a full court to hear the intra-court appeal and called for the protection of judicial independence, seniority, and autonomy.

Credit: Independent News Pakistan (INP)