ISLAMABAD: Justice Babar Sattar, a judge of the Islamabad High Court expressed concern over the reconstitution of the Administration Committee and the Departmental Promotion Committee of the IHC.
He on Friday wrote a letter to Chief Justice Islamabad High Court Aamir Farooq objecting to the inclusion of Justice Muhammad Sarfraz Dogar and Justice Khadim Hussain Soomro in the Administration Committee, and Justice Muhammad Sarfraz Dogar and Justice Muhammad Azam Khan in Department Promotional Committee.
Justice Babar also raised an objection over placing Justice Sarfraz Dogar as the senior puisne judges of the IHC. He wrote that the seniority list is unconstitutional thus rendering its notifications illegal, adding that a judge from the LHC and SHC were included in the committees of the IHC without taking oath from them as the judges of Islamabad High Court, as required under Article 194 of the Constitution.
Justice Babar maintained that the Ministry of Law’s notifications of transfer of judges does not state whether the appointments by transfer are temporary or permanent. He stated that in terms of Article 193 or Article 200 of the constitution, no judge can assume the office and begin to discharge the functions and duties of the office of a judge of a High Court without swearing an oath as a judge of that High Court.
The oaths sworn by the transferred judges clearly provide that they will discharge their duties and perform their functions as judges of the LHC, SHC and BHC, respectively and not as judges of the IHC.
He asked the Chief Justice IHC that you are under an obligation to administer oaths to the transferred judges, in terms of Article 194, before they could assume office as judges of the IHC.
He further wrote that unless the transferred judges take fresh oath as IHC judges they cannot be conferred with any administrative duties and functions as judges of Islamabad High Court.
Justice Babar further stated; “It would be unfortunate if the manner of exercise of your functions as Chief Justice were to sow discord within Islamabad High Court, which, as a smaller court, boasts a tradition of congeniality valued by the judges that comprise this court.” He asked the Chief Justice IHC to correct the errors of judgment that have influenced his decisions in issuing the seniority list and the notifications.
Copyright Business Recorder, 2025
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