Islamabad:
Despite the Legal Commission for Pakistan (JCP) who approved a slim margin with a voice, the nomination of Justice Sardar Sarfraz Dogar as Islamabad High Court’s (IHC) Chief Justice, Justice Syed Mansoor Ali Shah, has raised serious constitutional concerns regarding the president’s decision of the judges’ seniority at IHC.
Sources reveal that Justice Shah, one day before the JCP meeting, turned to a letter to the Commission Secretary and expressed his reservations over a presidential message dated June 27, fixed the seniority of IHC judges.
In the letter, Justice Shah noted: “With proper respect, it seems that this action was taken without the constitutional mandate consultation with Hon’ble Chief Justice of Pakistan and the two respective head of the Supreme Court under Article 200 of the Constitution.”
He said that in his opinion, the requirement of consultation was a binding constitutional mandate and was not a matter of executive estimates that could be easily sidelined.
The unilateral determination made without such consultation may lack legal validity, he pointed out.
He added that although the Supreme Court had ordered the president to decide the seniority of transferred judges, such compliance must still function within constitutional boundaries.
“The presidential action in question seems to have been taken in unnecessary haste, raising concerns about the transparency and prosperity of the process – without regulations that may deserve constitutional control,” he warned.
Justice Shah also pointed out that Article 200 of the Constitution is considering the temporary transfer of judges, not permanent relocation.
“To address such a transfer as permanent – and consequently attaching seniority on this basis – could raise serious constitutional issues, especially where the basic procedural protection measures appear to have been bypassed.”
Justice Shah, who called for institutional caution, emphasized that the questions raised in his letter justified careful reflection before taking further steps.
“I would like to emphasize that this is preliminary concerns, and I remain fully beyond the legal process and the ultimate authority from the Supreme Court in Pakistan to finalize these issues,” he said.
He called on JCP to delay his decision on the appointment of the IHC Council until the Supreme Court resolves the underlying constitutional issues.
“Continuing further at this point may risk disturbing fundamental constitutional principles, including the rule of law, power separation and legal independence,” he warned.
Justice Shah also requested that his letter be officially presented to the Commission and its content registered in the minutes of the meeting.
He clarified that the presidential message dated June 27, 2025, necessitated the letter and added: “All observations made in the letter are preliminary, offered without reservation and subject to the final decision of the Supreme Court on the relevant constitutional issues currently under consideration.”
Meanwhile, it is learned that Chief Justice of Pakistan Yahya Afridi made a unified effort to get support for the nomination of Justice Mian Gul Hassan as IHC Chief Justice. However, his attempts were not successful.
In particular, righteousness Aminuddin Khan, a colleague member, gave his vote in favor of Justice Dogar.
Former Judge Shaukat Aziz Siddiqui also strongly approved Justice Dogar’s nomination as IHC CJ.
Attention is now turning to when a constitutional bench committee led by Justice Aminuddin Khan is planning a hearing on the intra court filed by five IHC judges. The appeal challenges the previous approval of the transfer of three judges from various high courts to Islamabad High Court.
With summer holidays in progress, the formation of the bench remains pending. Justice Jamal Khan Mandokhail failed to vote from the voting process.
The final composition of the bench will be critical for determining the fate of the intra-cart appeal filed by the five IHC judges.
Justice Shah is currently out of the country.
