A group of five judges from the Islamabad High Court (IHC) has filed a petition in the Supreme Court against the appointment of Justice Sarfraz Dogar as the acting chief justice of IHC. The petition raises concerns over seniority issues following his transfer from the Lahore High Court (LHC).
Key Highlights:
- Five IHC judges file a petition against Justice Dogar’s appointment.
- The petition challenges the President’s authority in judicial transfers.
- Judges argue that transferred judges should retake the oath to reset their seniority.
- IHC Chief Justice Aamer Farooq rejected their seniority concerns.
Background of the Case
IHC judges Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, and Justice Saman Riffat Imtiaz filed a 49-page petition under Article 184(3) of the Constitution.
The judges opposed Justice Dogar’s appointment, arguing that judges transferred from other high courts should retake their oath, and their seniority should be recalculated accordingly. However, IHC CJ Aamer Farooq dismissed their objection, prompting them to take the case to the Supreme Court.
What Does the Petition Demand?
- The Supreme Court should bar Justice Dogar from performing judicial duties as IHC’s acting CJ.
- Justices Khalid Soomro and Muhammad Asif should also be restrained from performing judicial work.
- The President’s authority in judicial transfers should be clarified, as per Article 200(1), which states that transfers should only be in the public interest.
- A review of seniority principles to ensure judicial transparency.
Seniority Dispute: What Happened?
Justice Dogar was originally appointed as an LHC judge in 2015, and after his transfer, he became the senior-most judge at IHC.
However, the petitioning judges argue that seniority does not automatically transfer with a judge’s relocation and that a new oath should be taken to establish a new seniority order.
IHC CJ Aamer Farooq dismissed this claim, ruling that a judge’s seniority is based on their original appointment, not the date of their transfer.
Legal Affairs Reshuffled
In a separate development, Justices Babar Sattar and Sardar Ejaz Ishaq Khan were removed from their roles overseeing legal affairs at IHC.
Additional Judge Justice Raja Inam Amin Minhas has been appointed as the new legal affairs judge for IHC. The Deputy Registrar confirmed this appointment after approval from CJ Aamer Farooq.
