ISLAMABAD: The Islamabad High Court Bar Association (IHCBA) has also filed a petition in the Supreme Court, questioning how the transfer power has been used to punish and side-line the already serving judges at the IHC, and bestowing it on the newly transferred judges.
The IHCBA President, Riasat Ali Azad, on Saturday filed a petition under Article 184 (3) and cited five judges and the three transferred judges as respondents.
It contended that the President of Pakistan does not have unlimited powers under Article 200 (1) of the Constitution to reassign judges between high courts.
The petition follows a similar move by 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.
Two additional judges of IHC take oath
Five judges of IHC namely Justice Mohsin Akhtar Kayani, Justice Tariq Mahmood Jahangri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan and Justice Saman Rafat Imtiaz, on February 20 approached the Supreme Court against the transfer of judges from three provincial High Courts – Lahore, Sindh and Balochistan, and their seniority position.
They have filed a joint petition under Article 184(3) of the constitution citing President, federation, Judicial Commission of Pakistan, Registrar of Supreme and High Court, except Khyber Pakhtunkhwa, and Justice Sardar Muhammad Sarfraz Dogar, Justice Khadim Hussain Soomro and Justice Muhammad Asif as respondents.
The petitioner prayed the apex court to declare that the President’s exercise of powers under Article 200(1) of the Constitution is to be read alongside Article 175A of the Constitution, without subsuming the powers of the JCP to appoint judges to a particular High Court. They also asked the Court to declare that the Transfer Notification is unconstitutional and illegal for not being able to disclose any public interest and is therefore liable to be set aside.
Three judges from other High Courts, namely, (1) Justice Sardar Muhammad Sarfraz Dogar, Judge, Lahore High Court, (2) Justice Khadim Hussain Soomro, Judge, High Court of Sindh, and (3) Justice Muhammad Asif, Judge, High Court of Balochistan, were transferred to the IHC on 1st February, 2025, through a notification, issued under clause (1) of Article 200 of the Constitution.
However, none of the three transferred judges made an oath before the Chief Justice of IHC, to serve at the IHC. Their previous oaths were made before the relevant Chief Justices, only to serve at their respective High Courts. Nonetheless, the very next day, on 2nd February, 2025, which was a February 16, a ‘Revised Approved Roster of Sitting’ for the IHC’s benches was issued.
The petitioner urged the Supreme Court to invalidate the IHC’s current seniority list, citing its inconsistency with Article 194 and the Constitution’s Third Schedule.
Copyright Business Recorder, 2025
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