Five judges of the Islamabad High Court (IHC) have filed a petition in the Supreme Court of Pakistan, challenging judicial transfers and their impact on seniority.
The 49-page constitutional petition, filed under Article 184(3) through senior lawyers Munir A. Malik and Barrister Salahuddin, argues that the President of Pakistan misused Article 200(1) by overriding the Judicial Commission’s authority in transferring judges.
The petition contends that judicial transfers cannot be made without public interest and should not affect the seniority list.
It further states that Article 200 only allows temporary transfers, and the current process violates Article 175(A) of the Constitution.
The judges have urged the Supreme Court to invalidate the Islamabad High Court’s current seniority list, citing its inconsistency with Article 194 and the Constitution’s Third Schedule.
The petition specifically challenges the appointment of Justice Sarfraz Dogar as acting Chief Justice of IHC, stating that he had only served two weeks in the high court before assuming administrative control.
It also calls for Justices Khalid Soomro and Muhammad Asif to be barred from judicial work.
The President of Pakistan, the federal government, the Judicial Commission, the Supreme Court registrar, and multiple high court registrars have been made respondents in the case.
The five petitioning judges are Justice Mohsin Akhtar Kayani, Justice Babar Sattar, Justice Tariq Mehmood Jahangiri, Justice Saman Rafat Imtiaz, and Justice Sardar Ejaz Ishaq Khan.
The petition also asserts that the failure of transferred judges to take a fresh oath is a constitutional violation.
It claims that seniority begins in the high court where a judge first takes the oath, and altering it through transfers is an unconstitutional interference in IHC’s administration.
The Supreme Court has yet to schedule a hearing on the matter.
Last week, Justice Sardar Muhammad Sarfraz Dogarwas appointed as acting chief justice of the IHC, a move that has sparked reservations among some judges over seniority.
A notification issued by the Ministry of Law announced that President Asif Ali Zardari has appointed Justice Sarfraz Dogar as the acting chief justice of the IHC.
The appointment, made under Article 196 of the Constitution, will take effect from the date Justice Dogar takes the oath of office and remain in place until a regular Chief Justice is appointed.
The appointment followed Justice Aamer Farooq’s elevation to the Supreme Court (SC) earlier this week.
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