President Asif Ali Zardari has appointed Justice Sarfraz Dogar as senior-most judge of Islamabad High Court (IHC) after a decision of legal seniority.
The announcement made through an official report on Sunday also confirmed the permanent transfer of three judges from other high courts to IHC.
Five IHC referees challenge SC -Decision
Previously, five judges in IHC contested the Supreme Court order approving the transfer of three judges to IHC. They also requested the Pointed Court to limit the three transferred judges – including functioning Chief Justice Sarfraz Dogar – from performing any judicial or administrative functions such as IHC judges.
The judges, including Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ijaz Ishaq Khan and Justice Saman Rafat Imtiaz, have submitted an intra-Court Appel (ICA) against the order through advice Muneer a Malik and Barrister Salahudin Ahmed Court.
On June 19, the Supreme Court’s constitutional bench announced its judgment and declared that their transfers were not constitutional.
The decision also referred the question of lawfulness to Pakistan’s president.
In February, Justice Sardar Mohammad Sarfraz Dogar from Lahore High Court (LHC), Justice Khadim Hussain Somro from Sindh High Court (SHC) and Justice Muhammad Asif from Balochistan High Court (BHC) was transferred to IHC.
The controversy is about changes made in the judges’ seniority list after these transfers, with Justice Dogar appointed as Senior Puisne judge. This movement cleared the path of his appointment as acting Chief Justice of IHC after Justice Aamer Farooq was raised to the Supreme Court.
In their ICA, the five judges also requested the supreme court to limit three transfer judges, including Justice Sarfraz Dogar, from performing any judicial and administrative functions such as IHC judges.
In their petition, the judges have sought an immediate suspension of the Supreme Court’s decision on June 19 until their ICA is heard.
In addition, they moved the supreme court to introduce a residence order on the determination of seniority of judges transferred to IHC and prevented the president of Pakistan from making any decision in this regard.
