HC cannot review SC judgement: Islamabad High Court

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Justice Mohsin Akhtar Kayani of the Islamabad High Court (IHC) here on Monday dismissed the petitions filed by two former IHC officials who had been seeking court orders against repatriation to their parent department of Lahore High Court (LHC).

IHC administration on September 28 had started compliance with the Supreme Court (SC) orders that, on September 26, had declared invalid the illegal appointments in IHC.

On September 28, twenty-six IHC officials, including the real brother of IHC Chief Justice, Justice Muhammad Anwar Khan Kasi, had been terminated, demoted or repatriated to their parent departments in the light of Supreme Court judgement.

In this recent matter former deputy registrar Imtiaz Ahmed and former private secretary Naveed Qaiser had challenged their repatriation to the LHC. The petitioners, through their counsel, adopted that the Supreme Court judgement by Justice Amir Hani Muslim about the appointment says: “–except those employees who have been recruited from the establishments of different high courts of Pakistan, in the same scale in which they were serving or were given one-step promotion within the same cadre, all other appointments by way of absorptions are without lawful authority and hence to be de-notified”.

The petitioners contended that they were absorbed in the next grade in the IHC, therefore, their appointments were in accordance with the criteria laid down by the apex court.

Justice Kayani however dismissed the petitions while saying that a high court has no powers to review a Supreme Court verdict.

It would be in order to mention here that Justice Athar Minallah of the IHC had recused himself from hearing this matter while saying that he is a member to the committee that has to review all appointments in IHC since 2011.

Regarding the two petitioners, Supreme Court in its order had said “Imtiaz Ahmed was previously a private secretary (BS-18) in the Lahore High Court. On………01.02.2011 he was appointed on deputation basis… 09.05.2011 he was absorbed on permanent basis… such appointment could only be made either (a) with the concurrence of the Governor or in consultation with the Public Service Commission. This procedure was not followed.”

About Naveed Qaisar, the apex court noted that he “was previously a personal assistant (BS-17) in the Lahore High Court. On 01.02.2011, he was appointed on deputation basis for a period of three years as private secretary (BS-18) in the Islamabad High Court. On 09.05.2011 he was absorbed… his credentials did not match the eligibility criteria and yet he was selected at the cost of other deserving candidates.”

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