ISLAMABAD: The Islamabad High Court (IHC) dismissed a petition challenging the appointments of two judges. Justice Arbab Muhammad Tahir and Justice Saman Rafat Imtiaz are among the judges whose appointment was challenged in the court.
Justice Khadim Hussain Soomro announced the verdict on a petition filed by lawyer GM Chaudhry. The petitioner had asked the court to declare both appointments illegal and remove the judges from their positions.
Court rejects allegations against judges
The court had earlier rejected a separate petition challenging Justice Saman Rafat Imtiaz’s appointment in May. At the time, the court said such litigation reflected a regrettable tendency to undermine judicial independence and dignity.
In a two-page written order, Justice Arbab Muhammad Tahir described the allegations against a serving judge as defamatory and unsubstantiated. The court observed that the claims could prima facie fall within the scope of contempt of court proceedings.
It stressed that courts cannot entertain unsupported allegations aimed at scandalising judges or questioning their conduct. The order also directed the petitioner to exercise greater caution when raising such allegations in the future.
Legal mechanisms available for grievances
The petition, filed by Advocate Kulsoom Khaliq, challenged Justice Saman Rafat Imtiaz’s appointment. However, the court said the allegations concerned judicial proceedings and the conduct of a sitting judge. It noted that such matters could not be addressed through petitions of this nature.
Justice Tahir further explained that the law provides specific mechanisms for challenging judicial decisions, including appellate forums. He also clarified that allegations of judicial misconduct fall within the exclusive jurisdiction of the Supreme Judicial Council. The council is the constitutional forum responsible for examining complaints against superior court judges.
The court consequently concluded that the contempt petition was not maintainable. Justice Saman Rafat Imtiaz was later transferred from the Islamabad High Court to the Sindh High Court.
However, the court clarified that her transfer was not part of the proceedings or subject to adjudication in the present case.
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