Justice Sarfraz Dogar Designated as Senior Judge of Islamabad High Court

In a recent development concerning the seniority dispute and transfer of judges, President Asif Ali Zardari has officially appointed Justice Sarfraz Dogar as the senior-most judge of the Islamabad High Court (IHC). Justice Dogar is currently serving as the acting chief justice of the IHC.

The notification, issued by the Ministry of Law and Justice on June 27, aligns with the Supreme Court’s order from June 19. A five-member bench had previously dismissed petitions challenging the transfer of judges from three high courts to the IHC, affirming their constitutional validity and permitting Justice Dogar to continue his role as acting CJ.

The verdict was delivered by a bench headed by Justice Muhammad Ali Mazhar, addressing petitions filed by five IHC judges, the Karachi Bar Association (KBA), the IHC Bar Association, and others. These petitions contested the transfer of Justice Sarfraz Dogar from the Lahore High Court (LHC), Justice Khadim Hussain Soomro from the Sindh High Court (SHC), and Justice Muhammad Asif from the Balochistan High Court (BHC) to the IHC.

The transfer of these three judges to the IHC was the subject of the legal challenge.

The petition before the apex court was initiated by Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, and Justice Saman Riffat Imtiaz. They argued that the president’s authority to transfer judges from one high court to another under Article 200(1) of the Constitution should not be absolute and must be exercised in the public interest, without undermining the independence of the judiciary or the separation of powers.

However, the Supreme Court rejected their plea, asserting that the power to transfer judges was granted to the president by the Constitution’s framers.

The Supreme Court emphasized that the president’s powers under Article 200 are regulated by consultation with the Chief Justice of Pakistan (CJP), ensuring that the independence of the judiciary is not compromised, as the final decision rests with the judiciary.

According to the Law Ministry’s notification, Justice Kayani is now designated as the second-most senior judge, followed by Justice Miangul Hassan Aurangzeb and Justice Jahangiri in the third and fourth positions, respectively.

Justice Sattar holds the fifth-most senior position in the IHC, with Justice Ishaq and Justice Arbab Muhammad Tahir ranked sixth and seventh, respectively.

The remaining judges on the list include Justice Imtiaz (8th), Justice Khalid Hussain Soomro (9th), Justice Muhammad Azam Khan (10th), Justice Muhammad Asif (11th), and Justice Inaam Ameen Minhas (12th).

The notification also clarified that the transfer of Justice Dogar, Justice Soomro, and Justice Asif to the IHC was made on a permanent basis.

Notably, on Saturday, the five IHC judges submitted an intra-court appeal (ICA) challenging the Supreme Court’s June 19 decision.

In their appeal, the judges requested the court to recall and overturn the Constitutional Bench’s order in the interest of justice.

The petition stated, “During the pendency of this appeal, the Honorable Court may grant interim relief as requested in the accompanying interim relief application, along with any other relief deemed fit and proper.”