ISLAMABAD: Top judges of the Islamabad district courts have decided to file a review against the decision of a three-judge tribunal that announced a “damaging verdict” against them, despite their supersession.

The judges of the district judiciary claimed that the Islamabad High Court Tribunal’s (IHCT) ruling in the Judicial Service Appeal of Additional District and Sessions Judge Mohammad Shabbir was erroneous. They argued that the forum lacked authority to adjudicate on the matter, being coram non judice.

AD&SJ Shabbir had challenged Judge Shahrukh Arjumand’s initial appointment and promotion as a senior civil judge in Islamabad, as well as his subsequent elevation to district and sessions judge.

The tribunal comprising Justices Tariq Mehmood Jahangiri, Babar Sattar and Sardar Ejaz Ishaq Khan was hearing AD&SJ Shabbir’s appeal when a March 18 notification, issued by President Asif Ali Zardari, replaced them with Justices Khadim Hussain Soomro, Mohammad Azam Khan and Raja Inaam Ameen Minhas.

Say tribunal lacked authority to adjudicate on the matter

In the order, the three judges set aside the initial appointments of all those judges who were absorbed in Islamabad’s judiciary and termed the notification for reconstitution of the tribunal as unconstitutional.

The judgement stated that tribunal members had taken a decision on the appeal on March 13, but were later informed of a March 17 verbal directive instructing them not to announce judgements, because steps were being taken to dissolve the tribunal.

However, when the newly formed tribunal took up the matter, judgement surfaced on March 21.

District and Sessions Judge Shahrukh Arjumand submitted before the tribunal an application that was taken up by Justice Soomro-led bench.

When the bench sought record, the registrar office conveyed it to the previous tribunal as it was in their custody.

Justice Jahangiri-led tribunal forwarded the files to the new tribunal along with the above-said judgement.

Interestingly, the judgement closed the right to file the review by suspending the operation for a period of 30 days, asking aggrieved parties “to avail the remedy of appeal before the Supreme Court of Pakistan”.

The judges prepared the cases for both the Supreme Court as well as they are ready to file a review against this judgement.

As per their understanding, the tribunal in its last hearing on March 13 asked the parties to file written submissions within 15 days, yet the decision was announced within six working days.

ADSJ Shabbir, who did not press his plea, asked for his backdated benefits since he had already been promoted, there was not a single work about his benefits in the verdict.

A senior IHC official said the tribunal sought minutes of the meeting from the court administration in which the judges were absorbed in Islamabad’s judiciary but the decision was announced without perusal of the meeting as these were not shared with the tribunal.

To ascertain facts, the aggrieved judges requested the competent authority to witness CCTV footage of March 13 proceedings of the tribunal.

The three judges made several critical observations. They ruled that the judges’ appointment on deputation to the Islamabad judiciary was unconstitutional and ordered the repatriation of all judges, currently serving on deputation, within six months.

They also declared the appointment of Justice Khadim Hussain Soomro, Justice Mohammad Azam Khan and Justice Raja Inaam Ameen Minhas as members of the IHC Tribunal ‘unconstitutional’.

The judges held that the acting chief justice had no administrative authority to interfere with the tribunal’s functions, stating that such actions were outside the scope of the constitution and law.

Recognising the impact of their decision, the judges ordered the suspension of the enforcement of their order for 30 days to allow the affected parties to appeal before the SC.

The three judges are among those who had challenged the recent transfer of acting IHC Chief Justice Sarfraz Dogar, Justice Soomro and Justice Mohammad Asif to the IHC.

Published in Dawn, March 23rd, 2025