ISLAMABAD: The judges recently transferred to Islamabad High Court (IHC) decided not to contest but will accept whatever is decided by the Supreme Court in petitions opposing their transfer.
A five-member Constitutional Bench of the Supreme Court, headed by Justice Muhammad Ali Mazhar, on Thursday heard the petitions of the IHC five judges, Pakistan Tehreek-e-Insaf (PTI)’s founder Imran Khan, Karachi, Lahore and Islamabad High Court Bar Associations, and advocate Raja Muqsit Nawaz Khan.
Attorney General for Pakistan Usman Mansoor Awan complying with the SC’s notice appeared before the bench and informed that respondent Nos 9 to 11 (Justice Dogar, Justice Soomro and Justice Asif) do not want to engage counsel and agreed to accept whatever decision is rendered in this Constitution Petition and other connected petitions.
Pleas against transfer of judges: federation submits reply
Three judges namely, Justice Sardar Muhammad Sarfraz Dogar from Lahore High Court (LHC), Justice Khadim Hussain Soomro from Sindh High Court (SHC), and Justice Muhammad Asif from Balochistan High Court (BHC) were transferred to the IHC on 1st February 2025, through a notification, issued under clause (1) of Article 200 of the Constitution.
Five IHC judges namely, Justice Mohsin Akhtar Kayani, Justice Tariq Mahmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan and Justice Saman Rafat Imtiaz, on February 22, 25 had approached the Supreme Court against the transfer of judges from three provincial High Courts – Lahore, Sindh and Balochistan, and their seniority position in the IHC.
The attorney general also informed that the JCP meeting scheduled for April 18 was ante-dated for deliberating upon a single item agenda today (17-04-25), ie, nomination of Supreme Court judges to the Constitutional Bench.
When the bench inquired whether any date for the JCP meeting has been fixed for the appointment/confirmation of the chief justice of the IHC, the AGP categorically stated that no such meeting is scheduled and the notice of the next JCP meeting issued for 2nd May 2025, only for the appointment/confirmation of the chief justice of the Peshawar and Balochistan High Courts.
He submitted that under Rules 9 and 10 of the Judicial Commission of Pakistan Rules, 2024, before the date is fixed for any JCP meeting, at least 15days’ notice is required to be issued to all members of the JCP for nominating the prospective candidates.
The attorney general undertook that the entire record pertaining to the transfer of judges to the Islamabad High Court will be submitted to this Court through a concise statement, including the summary moved by the Ministry of Law and Justice to the prime minister for onward advice to the president of Pakistan for further action in terms of Article 200 of 1973 Constitution.
The bench dismissed the petition of Islamabad High Court Bar Association (IHCBA) as withdrawn. Earlier, Advocate on Record (AOR) Anis Muhammad Shahzad informed the Court that the incumbent President of the IHCBA has filed an application for the withdrawal of Constitution Petition No23/2025 on the strength of resolution passed by the Managing Committee on 15.04.2025.
The AGP told the bench that he was representing the President and the federation. He, however, stated has no instruction whether to represent the Judicial Commission of Pakistan. He further stated that he will seek instructions from the Registrar, Supreme Court, on whether he wants to file any concise statement or not?
The bench directed advocate generals of all the provinces and the Islamabad Capital Territory to consult with the registrar of their concerned High Courts and file their concise statements, along with the seniority list maintained by the judges in their respective High Courts before next date of hearing.
The hearing is adjourned to April 22 at 11:30 am.
Copyright Business Recorder, 2025
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