IHC Rejects Petition Challenging Appointments of Two High Court Judges

ISLAMABAD: (Court Reporter) – The Islamabad High Court (IHC) on Thursday dismissed a petition challenging the appointments of Justice Arbab Muhammad Tahir and Justice Saman Rafat Imtiaz as high court judges.

Justice Khadim Hussain Soomro announced the verdict on a petition filed by lawyer GM Chaudhry, who had sought a declaration that the appointments of the two judges were illegal and requested their removal from office.

The development follows an earlier IHC ruling in May, when the court declared a petition challenging Justice Saman Rafat Imtiaz’s appointment inadmissible. The court had observed that such litigation reflected a “regrettable tendency” to undermine the independence and dignity of the judiciary.

In a two-page written order, Justice Arbab Muhammad Tahir observed that the petition contained “extremely defamatory, baseless and unsubstantiated allegations” against a serving judge. The order stated that the nature of the allegations prima facie fell within the scope of contempt of court.

The court stressed that unsubstantiated accusations aimed at scandalising a judge or questioning judicial conduct could not be entertained, as such allegations directly affect the institutional integrity of the judiciary.

The petition, filed by Advocate Kulsoom Khaliq, challenged the appointment of Justice Saman Rafat Imtiaz. However, the court noted that the allegations concerned judicial proceedings and the conduct of a sitting judge, matters that could not be addressed through such a petition.

Justice Tahir further observed that the law provides specific legal mechanisms for challenging judicial decisions, including appellate forums. He added that complaints regarding alleged misconduct by a superior court judge fall exclusively within the jurisdiction of the Supreme Judicial Council.

The order concluded that the contempt petition was not maintainable and advised the petitioner to exercise caution in future.

Justice Saman Rafat Imtiaz was subsequently transferred from the Islamabad High Court to the Sindh High Court. The transfer itself was not under consideration in the present proceedings.