Maps
Magazine

LEGAL

Five IHC Judges File Intra-Court Appeal Against Supreme Court Verdict on Transfers
Five IHC judges file intra-court appeal against SC’s verdict on judge transfers. Appeal terms ruling flawed, cites Article 194 on oath & seniority. Stay request also submitted.
ND
by News Desk
2025-06-28
Five IHC Judges File Intra-Court Appeal Against Supreme Court Verdict on Transfers

Five judges of the Islamabad High Court (IHC) have filed an intra-court appeal in the Supreme Court, challenging the apex court’s recent decision on the controversial transfer of judges.

Senior lawyer Munir A. Malik filed the appeal on behalf of the five judges, asserting that the June 19 Supreme Court ruling contains "serious legal errors." The appeal contends that the court failed to address the constitutional requirement of administering oath under Article 194 of the Constitution, which is essential for determining the seniority of transferred judges.

According to the petition, without the formal oath, the legal standing and ranking of the judges in the new court remain undefined. The appellants argue that the Supreme Court’s decision is flawed and should be declared null and void.

In addition to the appeal, the judges have also requested a stay order on the June 19 ruling of the constitutional bench, pending the outcome of this latest legal challenge.

Background of the Case

On June 19, the Supreme Court’s five-member Constitution Bench announced a reserved judgment, rejecting petitions against the transfer of judges to the Islamabad High Court. In a 3-2 majority ruling, the court upheld the constitutional validity of the transfers.

The decision affirmed that Justice Sarfaraz Dogar would continue to serve as the Acting Chief Justice of the IHC. The matter of judicial seniority was referred to the President of Pakistan for a final determination.

Earlier, on February 20, five IHC judges had approached the Supreme Court after President Arif Alvi ordered the transfer of several judges from other high courts to the Islamabad High Court. The transferred judges included Justice Sarfaraz Dogar, Justice Muhammad Asif, and Justice Khadim Hussain Soomro.

The new intra-court appeal could potentially reopen the debate over judicial appointments and seniority, which has long remained a contentious issue in Pakistan’s legal system.

As the judiciary grapples with the constitutional complexities of the case, all eyes are on how the Supreme Court will respond to the appeal from within its own ranks.

 
Tagged:

IHC

PakistanJudiciary

SupremeCourt

JudicialTransfers

Article194
Share News: