ISLAMABAD: Five judges of the Islamabad High Court (IHC) challenged the recently released seniority list, arguing that a judge takes an oath specific to the High Court where they are appointed.
In this regard, the five IHC judges submitted a representation to the IHC chief justice, as well as, to the Chief Justice of Pakistan (CJP) Justice Yahya Afridi. The dispute centres on the interpretation of seniority following the transfer of judges from three other High Courts.
Justice Mohsin Akhtar Kayani, who was senior puisne judge at the IHC before Justice Sarfraz Dogar’s transfer, has been removed from the top decision-making committee days after five judges opposed the latter’s transfer to the capital.
IHC: Newly-transferred judges assume charge amid lawyers’ protest
The seniority list, approved by IHC Chief Justice Aamer Farooq, was released on Monday. However, Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan and Justice Saman Rafat Imtiaz have filed a representation contesting its accuracy. It is likely that Justice Miangul Hasan Aurangzeb and Justice Arbab Muhammad Tahir may also file separate representations.
The sources said that the judges’ representation argued that a judge takes oath specific to the High Court where he is appointed. They contend that according to the constitution, a transfer to another High Court necessitates a new oath, and seniority should be determined based on this new oath. The representation clarifies that the dispute concerns seniority, not the recent transfer of judges.
The judges have also requested that CJP Afridi postpone the Judicial Commission meeting until the seniority issue is resolved.
This development followed the transfer of one judge each from the Lahore, Sindh, and Balochistan High Courts to the IHC on 1st February by President Asif Zardari. On February 3rd, Justice Sarfraz Dogar was appointed senior puisne judge and head of Bench No 2, replacing Justice Mohsin Akhtar Kiyani.
Besides this, according to a notification, the IHC administration reconstituted the Administrative Committee and Departmental Promotion Committee. IHC Chief Justice Aamer Farooq remained the chairman, with Justice Sarfraz Dogar and Justice Khadim Hussain Soomro inducted as members. Previously, Justice Kayani and Justice Miangul Hassan Aurangzeb were part of this committee.
Furthermore, the Departmental Promotion Committee (DPC) has also been modified and now, it comprises Justice Sarfraz Dogar and Justice Azam Khan. Earlier, the DPC comprised Justice Kayani and Justice Aurangzeb. The changes were formalised through a notification issued by Additional Registrar Ijaz Ahmed following the approval of CJ Farooq.
The updated seniority list is as follows: Justice Sarfraz Dogar, Justice Mohsin Akhtar Kayani, Justice Miangul Hassan Aurangzeb, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, Justice Saman Rafat Imtiaz, Justice Khadim Hussain Soomro, Justice Mohammad Azam Khan, Justice Mohammad Asif and Justice Inaam Ameen Minhas.
Copyright Business Recorder, 2025
Comments
Comments are closed for this article.