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IHC Judges Challenge Transfers in Supreme Court Over Seniority Dispute
Five IHC judges move the Supreme Court, challenging the transfer of three judges and its impact on the seniority list. The petition seeks to bar Justice Dogar from acting as IHC chief justice.
ND
by News Desk
2025-02-20
IHC Judges Challenge Transfers in Supreme Court Over Seniority Dispute

In a significant development within the Islamabad High Court (IHC), five judges have petitioned the Supreme Court of Pakistan, challenging the recent transfer of three judges from different high courts and its impact on the seniority list.

The controversy began when the Ministry of Law and Justice issued a notification on February 1, transferring Justice 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 transfers led to a reshuffling of the seniority list, raising concerns among existing IHC judges.

The petition, filed under Article 184(3) of the Constitution, was submitted by Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, and Justice Saman Rafat Imtiaz. They argued that under constitutional provisions, a high court judge must take a fresh oath upon transfer, which should affect their seniority status. The judges also boycotted Justice Dogar’s oathtaking ceremony as the acting IHC chief justice.

The Supreme Court petition names multiple respondents, including the President of Pakistan, the Federation through the law secretary, the Judicial Commission of Pakistan's secretary, the registrars of the Supreme Court and four high courts, as well as the three transferred judges. The petitioners urged the apex court to restrain Justice Dogar from performing his duties as acting chief justice and bar the transferred judges from exercising judicial and administrative functions at the IHC.

The Supreme Court's decision on this matter is expected to set a significant precedent regarding judicial transfers and seniority within Pakistan’s judiciary. The case is being closely watched, as it involves fundamental questions of judicial independence and constitutional interpretation.
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