IHC Judges Appeal Supreme Court Order on Judicial Transfers

Five justices from the Islamabad High Court (IHC) have collectively lodged an intra-court appeal (ICA) contesting a Supreme Court directive. The contested order affirmed the constitutionality of transferring judges from other high courts.

The legal challenge is spearheaded by IHC Justices Mohsin Akhtar Kiyani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, and Saman Riffat Imtiaz.

In February, Justice Sardar Mohammad Sarfraz Dogar (Lahore High Court), Justice Khadim Hussain Soomro (Sindh High Court), and Justice Muham­mad Asif (Balochistan High Court) were reassigned to the IHC.

This legal action in the apex court follows over a week after a five-member panel, in a 3-2 decision, rejected their initial appeal against the transfer of judges to the IHC from the aforementioned high courts.

The Constitutional Bench, led by Justice Muhammad Ali Mazhar, stated in its June 19 ruling that Justice Dogar could remain in his position as acting IHC chief justice.

The five justices are requesting the court to overturn the Constitutional Bench’s verdict, deeming it necessary “in the interest of justice.”

Their petition states: “During the pendency of the instant appeal, this Hon’ble Court may graciously grant interim relief as prayed for in the accompanying interim relief application. Any other relief that this Hon’ble Court may deem fit and proper may also be granted.”

In their prior appeal, the justices implored the Supreme Court to declare that the president’s authority to transfer judges between high courts is not absolute and requires a demonstrable public interest justification.

The earlier petition also sought a Supreme Court declaration affirming that judicial seniority should be determined by the date a judge is sworn in as an IHC justice, which would place them lower on the seniority list than the petitioners.