Elevation of Justice Aamer to apex court: SC seeks JCP meeting minutes on appointment of two IHC judges

ISLAMABAD: The Supreme Court called for minutes of the Judicial Commission of Pakistan (JCP) meetings, held for the appointment of two additional judges in the Islamabad High Court (IHC) and the elevation of Justice Aamer Farooq to the apex court.

A five-member SC Constitutional Bench, headed by Justice Muhammad Ali Mazhar, on Tuesday, heard the petitions of IHC five judges, Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan, and Karachi and LHCBA and LBA. The attorney general for Pakistan (AGP) has completed his submission and from next hearing the petitioners’ counsel will commence rebuttal.

During the proceeding, Justice Mazhar inquired from the attorney general what had happened in the meetings held on January 17 and February 10.

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AGP Mansoor Usman Awan informed that on January 17 two additional judges were appointed in the IHC, while on February 10’s JCP meeting Justice Aamer Farooq was elevated to the apex court.

Justice Naeem Akhtar Afghan then questioned whether in the February 10’s meeting Justice Sarfraz Dogar’s name was in the IHC judges’ elevation list. The attorney general replied, “yes”, but his name was not considered.

Mansoor contended that transfer in the IHC is not a fresh appointment, therefore, no need of fresh oath. He said the Supreme Court has declared that the seniority would be counted when a judge takes oath of his office.

Justice Shakeel Ahmed questioned why the secretary law in the second notification clarified that the transferred judges are not required to take a fresh oath.

The attorney general responded that after the approval of advice in order to remove doubts the clarification was necessary. He said the former chief justice of the IHC Aamer Farooq on the representation of IHC five judges determined the seniority issue, adding he was fully independent in deciding judges’ seniority in the IHC. He emphasised that the chief justices of four High Courts did not raise any objection on seniority of transferred judges.

Justice Mazhar noted that none of the petitioners’ counsels argued on the IHC judges’ representation and the decision of the then IHC chief justice. He questioned what was the prayer in the representation?

The attorney general read the prayer of the IHC judges’ petition, which stated after the oath of transferee judges their seniority be determined. He said the procedure for transfer is laid down in Article 200 of the constitution, adding the veto power in this regard is given to the judiciary and not to the executive. He said at the time of transfer all the chief justices had given their consent.

Justice Salahuddin Panhwar inquired whether an opinion of any chief justice was sought on seniority. The AGP responded that seniority is not an issue to bring in the knowledge of the chief justices. He repeated that the IHC CJ was competent to determine seniority of judges in the IHC.

Justice Naeem observed that the constitution is silent on the procedure for judges’ transfer. He said which criterion was adopted for the transfer of Justice Sarfraz Dogar from Lahore High Court (LHC) to the IHC, as he was at No15 of the LHC seniority list, but in the IHC he came at No1.

Justice Salahuddin inquired whether the CJ IHC is not empowered to determine seniority of the IHC judges. The attorney general replied in affirmative.

Justice Salahuddin then said it needed to decide whether the transferred judges are of IHC? Justice Shakeel noted that if the transfer is permanent then there was no need for judges’ appointment through Judicial Commission of Pakistan under Article 175A of the constitution. He said a judge, who was transferred from Balochistan High Court was an additional judge, now which High Court would monitor his performance to make him permanent. Whether the inclusion of transferee judges has affected the administrative committee of the IHC?

The attorney general responded that Article 175A was inserted in the constitution after the 18th Amendment. He said the legislators have not excluded Article 200 which deals with the transfer of judges, adding it cannot be said that in the presence of Article 175A the judges cannot be transferred under Article 200.

Copyright Business Recorder, 2025