Islamabad: During the hearing of petitions pertaining to transfer and seniority of Islamabad High Court (IHC), Judges, Supreme Court (SC) has issued notice to 3 judges, Attorney General of Pakistan (AGP) and Judicial Commission (JC).

The petitions came up for hearing before 5 -member constitutional bench of SC presided over by Justice Muhammad Ali Mazhar Monday.

Justice Muhammad Ali Mazhar remarked 7 petitions have come before us on this matter. Five judges too brought petitions before us in seniority case. As to why we should not hear the petitions of judges first.

Justice Muhammad Ali Mazhar inquired from Munir A Malik counsel for five judges has he objection over transfer or seniority.

Munir A Malik replied our objection is on both of matters.

The court rejected the plea for stopping the judges to perform their duties.

Justice Naeem Akhtar Afghan remarked Islamabad High Court (IHC) came into being through act. If any scope is there in the act for bringing judges through transfer.

Munir A Malik took the plea there is no room in the act for bringing the judges through transfer. Mention of appointment of new judges in IHC is made in the act.

Justice Naeem Akhtar Afghan inquired when the posts of judges were vacant then why the new judges were not appointed from these provinces instead of transferring them. If mention is made in the oath taking that oath is being taken of which high court.

Munir A Malik said province is mentioned in the draft of oath taking. Mention is made of Islamabad Capital Territory when oath is taken of IHC.

Justice Muhammad Ali Mazhar remarked seniority is counted from the oath we have taken as temporary judge. We have to see this If the oath is taken again then will the seniority not run from previous oath. If seniority is counted from new oath taking then the service before transfer will reduce to zero .

Munir A Malik took the stance for this reason it is said in the constitution judge be transferred after seeking his willingness.

The court while issuing notices to 3-judges of high court including justice Sarfaraz Dogar, Justice Khadim Soomro and Justice Muhammad Asif adjourned the hearing till April 17.