Islamabad: In a significant legal development, five judges of the Islamabad High Court (IHC) have moved the Supreme Court of Pakistan, challenging the seniority list of judges in a 49-page petition filed under Article 184(3).
The petition, submitted by lawyers Munir A. Malik and Barrister Salahuddin, questions the President’s powers to transfer judges and demands that such transfers be conditional upon the approval of the Judicial Commission.
The petition, which names the federal government, the transferred judges, and various high courts as respondents, seeks a stay order against the recently transferred judges. One of the key figures involved in this legal battle is Justice Sardar Mohammad Sarfraz Dogar, who recently took the oath as the acting chief justice of the IHC. The petitioners argue that judges cannot be moved from one high court to another without clear justification in the public interest.
The petitioners include prominent IHC judges such as Justice Mohsin Akhtar Kayani, Justice Tariq Mahmood Jahangiri, Justice Babar Sattar, Justice Rafaqat Imtiaz, and Justice Saman Rafat. The five judges have raised 13 specific pleas before the Supreme Court, all challenging the authority and procedure of judicial transfers within the country.
According to the petition, the transfer of judges between high courts, especially from one province to another, cannot be carried out arbitrarily. The judges emphasize that such decisions should not only have a legal basis but also serve the public interest.
This move follows a previous letter written by the IHC judges to President Asif Ali Zardari and Chief Justice of Pakistan Justice Yahya Afridi, expressing concerns over the appointment of the chief justice of the IHC. In the letter, which was also sent to the Chief Justices of the Sindh and Lahore High Courts, the judges had requested that the position of the chief justice be filled by one of the three senior judges from within the IHC itself. They argued that a judge should not be brought in from another high court without a compelling reason, and they requested that the reasons behind such an appointment be made public.
The letter, signed by several IHC judges including Justice Mohsin Akhtar Kayani, reflects growing concerns within the judicial community over the current system of judicial appointments and transfers. These concerns have only intensified with the recent appointments and transfers within the IHC, including the controversial swearing-in of Justice Dogar as acting chief justice.
This petition to the Supreme Court marks an escalation in the ongoing dispute over judicial appointments and transfers. It raises important questions about the balance of power between the judiciary and the executive, particularly regarding the President’s role in the judicial transfer process.
The case continues to unfold, and the Supreme Court's decision will likely have far-reaching implications for the judicial system in Pakistan.
