Swati seeks case transfer from IHC CJ to another judge on mistrust

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) Senator Azam Swati has written a hand written letter of mistrust against the Islamabad High Court (IHC) Chief Justice Aamer Farooq and requested him to transfer his bail plea to another judge.

In his letter, Swati said that he has been confined in a judicial lock up in a “false case”. Referring to his writ petition No 4441/2022, which was rejected by Justice Farooq, he said that “the long delay calls for ‘justice delayed is justice denied’.”

The TLTP learnt that Swati highlighted that this was a “paramount phrase” that was required due to the chief justice’s late order which resulted in Swati’s transfer from Islamabad.

“I was abducted and was illegally taken from PIMS Hospital on December 2, where I was admitted, to Quetta then to Sindh and where 46 false FIRs were filed against me,” Swati wrote.

Further, he said that the IHC CJ has given judgement about a tweet which his lawyers presented to Special Court Judge Raja Asif Mehmood who was “transferred immediately for reason unknown to all of us,” after which a new judge was appointed following several days of delay, who dismissed Swati’s bail application “without going into merit and without considering any legal basis and ground”.

The senator asserted that the special court judge should not have been transferred without the consultation of the IHC CJ.

“I know it was done without legal or procedural basis for reason not known to us,” he wrote.

Further, Swati maintained that he has “factual and legal basis to believe that I do not expect justice from your court due to bias based on ‘Asif Zardari case’ in which supreme court so well said that if a reasonable man would say that that the judge was biased and bias may be caused by a judgement, order or observation of superior court, bias would vitiate the confidence”.

Thus, he concluded that he has “no confidence” of getting justice from Justice Farooq’s court and requested his bail application be transferred “to any other judge of the IHC” which he claimed was in the interest of justice and for the protection of his legal and constitution fundamental rights.

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