'No JCP meeting for permanent IHC CJ'

The state's top law officer on Thursday told the apex court that the Judicial Commission of Pakistan (JCP) was not likely to convene a meeting in the near future to appoint a permanent chief justice at the Islamabad High Court (IHC).

A five-member constitutional bench (CB) of the Supreme Court resumed hearing a slew of petitions filed against transfer of three judges from three different provincial high courts to the IHC and the subsequent updating of the court's judge seniority list.

The Ministry of Law on February 1 issued a notification for the transfer of Justice Sardar Muhammad Sarfraz Dogar, Justice Khadim Hussain Soomro and Justice Muhammad Asif—respectively from the Lahore High Court, the Sindh High Court and the Balochistan High Court—to the IHC.

Following this transfer, the IHC issued a new seniority list, ranking Justice Dogar as the senior puisne judge. Five IHC judges—Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Sardar Ejaz Ishaq Khan, Justice Babar Sattar and Justice Saman Rafat Imtiaz—later filed representations against Justice Dogar.

However, the then IHC chief justice, Aamer Farooq rejected these representations. After elevation of Justice Farooq to the Supreme Court, Justice Dogar was also elevated as the IHC acting chief justice.

The IHC judges, PTI founder Imran Khan, and four different bar associations were among the seven petitioners who challenged Justice Aamer Farooq's order in the Supreme Court.

However, during hearing of the case, the Islamabad High Court Bar Association (IHCBA) told the bench led by Justice Muhammad Ali Mazhar and comprising Justice Naeem Akhtar Afghan, Justice Shahid Bilal Hassan, Justice Salahuddin Panhwar and Justice Shakeel Ahmad that it was withdrawing its pleas.

During the hearing, Attorney-General for Pakistan (AGP) Mansoor Awan told the bench that the judges transferred to the IHC did not want to engage counsels to represent themselves and agreed to accept whatever the CB made after hearing the petitions.

At the last hearing, counsel for one of the petitioners, Munir A Malik, had stated that a notice had been issued for a JCP meeting to be held on April 18 to appoint a permanent chief justice at the IHC.

The CB noted that in view of the meeting, the court had listed the case on Thursday (April 17). However, the AGP informed the court that the JCP was meeting to appoint two more judges of the CB of the court.

"When we asked him whether any date for the JCP meeting has been fixed for the appointment and/or confirmation of the chief justice of the IHC, he categorically stated that no such meeting is scheduled.

"[He said] the notice of the next JCP meeting issued for 2nd May, 2025, is only for the appointment/confirmation of the chief justices of the Peshawar and Balochistan high courts."

The AGP also undertook that the entire record pertaining to the transfer of judges to the IHC will be submitted to this court through a concise statement.

This statement will include the summary moved by the Ministry of Law to the prime minister for onward advice to the President of Pakistan for further action in terms of Article 200 of the Constitution of the Islamic Republic of Pakistan, 1973. The CB will resume hearing the case on April 22.