Judges through their plea ask top court to declare thatPresident does not have unlimited powers under Article 200(1) to transfer judges and that judges cannot be transferred from one high court to another without public interest
ISLAMABAD: (UrduPoint/Pakistan Point News- Feb 20th, 2025) The five judges of the Islamabad High Court on Thursday filed a petition in the Supreme Court regarding the issue of seniority and seeking directives to restrain Justice Dogar from serving as acting Chief Justice.
The judges submitted a 49-page petition through Munir A. Malik and Barrister Salahuddin under Article 184(3) of the Constitution.
The petitioners include Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Saman Rafat Imtiaz, and Justice Sardar Ejaz Ishaq.
The petition requested the top court to declare that the President does not have unlimited powers under Article 200(1) to transfer judges and that judges cannot be transferred from one high court to another without public interest.
It also sought an order to restrain Justice Sarfraz Dogar from serving as the Acting Chief Justice of the Islamabad High Court.
Additionally, the petition urged the court to bar Justice Khalid Soomro and Justice Muhammad Asif from performing judicial duties.
The petition Names the President of Pakistan, the Federal government, the Judicial Commission and the registrars of the Supreme Court, Sindh High Court, Balochistan High Court, and Lahore High Court as respondents.
Justice Aamer Farooq’s verdict
It is noteworthy that former Chief Justice of the Islamabad High Court, Aamer Farooq, had rejected the representation of the five judges regarding their seniority.
The five judges had filed the representation against the decision to make Justice Sarfraz Dogar the senior puisne judge.
Justice Aamer Farooq, in his written verdict rejecting the representation, also referenced the transfer of judges in the Indian Supreme Court.
The verdict included relevant constitutional provisions regarding judicial appointments, transfers, and the oath of judges.
According to the decision, Justice Sarfraz Dogar, who was transferred from the Lahore High Court, took his oath as a High Court judge on June 8, 2015.
Justice Khadim Hussain Soomro was appointed as a judge of the Sindh High Court on April 14, 2023 while Justice Muhammad Asif took his oath as a judge of the Balochistan High Court on January 20, 2025.
The Islamabad High Court’s decision stated that the President transferred the judges under Article 200 of the Constitution after consultation with the Chief Justice of Pakistan and the respective Chief Justices of the High Courts. Before their transfer, all three judges were serving in their respective High Courts.
