Supreme Court Issues Notices to Three IHC Judges in Seniority and Transfer Case

Islamabad: The Supreme Court of Pakistan has issued notices to three judges of the Islamabad High Court (IHC), including the Attorney General and the Judicial Commission of Pakistan, in connection with petitions challenging the transfers and seniority of judges.
A five-member constitutional bench, headed by Justice Muhammad Ali Mazhar, heard the petitions involving the transfers and seniority of Islamabad High Court judges. During the proceedings, the court was informed that seven applications were under consideration, including one filed by five IHC judges.
Former Chief Justice Munir A. Malik, representing the five IHC judges, argued that the matter of judicial transfers should be assessed under Article 175 of the Constitution, which pertains to the independence of the judiciary. He said he would present arguments on judicial transfers, federalism, and the formation of administrative committees.
Justice Mazhar remarked that judicial transfers are conducted under Article 200 and emphasized that judges should not be viewed as civil servants. He further elaborated that a judge’s transfer requires consent at four different levels— the transferring judge, the Chief Justice of the current high court, the Chief Justice of the receiving high court, and the Chief Justice of Pakistan, after which the President issues the notification.
Munir A. Malik stated that the objections raised were both regarding the transfer and the seniority of the judges. He argued that transfers could be temporary, a point disputed by the bench, which said there is no such provision or mention of temporary transfers in the Constitution or presidential notifications.
The court rejected the petitioners’ request to suspend the new seniority list and prevent the transferred judges from performing judicial duties. It also turned down the plea to stop the appointment of permanent Chief Justices.
Justice Naeem Akhtar Afghan raised a pertinent question about whether the Islamabad High Court Act permits judges to be transferred to the IHC. Munir A. Malik argued that the Act only allows the appointment of new judges and not transfers from other provinces.
The court also questioned why new appointments were not made from within the provinces instead of transferring existing judges.
Ultimately, the Supreme Court issued notices to IHC judges Justice Sarfraz Dogar, Justice Khadim Soomro, and Justice Muhammad Asif, and adjourned the hearing until April 17. The court also issued notices to the Attorney General, Advocates General of all provinces, and the Registrars of all high courts.
The court declined to intervene in the functioning of the Judicial Commission or stop it from appointing permanent Chief Justices. Justice Mazhar stated that the Judicial Commission may appoint its own counsel if necessary. The next hearing is scheduled a day before the Judicial Commission’s meeting on April 18.