ISLAMABAD: Four former presidents of the Islamabad High Court Bar Association (IHCBA) have announced their decision to challenge the Supreme Court’s ruling that upheld the transfer of judges from provincial high courts to the Islamabad High Court (IHC).
Riasat Ali Azad, one of the ex-IHCBA heads, confirmed that an appeal will be filed in the coming week.
He said consultations are ongoing with stakeholders to finalize the legal grounds for the challenge.
The petition will contest both the constitutional validity and broader implications of the Supreme Court’s recent judgement, which was delivered by a five-member Constitutional Bench.
Judges Also Expected to Appeal Ruling
According to sources, five IHC judges affected by the transfer ruling are also preparing to file separate appeals.
These include Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, and Saman Rafat Imtiaz.
The controversy began after a presidential notification on February 1, 2024, transferred three judges — Justice Sardar Mohammad Sarfraz Dogar from the Lahore High Court, Justice Khadim Hussain Soomro from the Sindh High Court, and Justice Muhammad Asif from the Balochistan High Court — to the IHC.
Critics argue the move was hasty, lacked transparency, and sought to influence the seniority list and acting chief justice appointment.
Split Verdict Sparks Seniority Concerns
The Supreme Court ruled in a 3-2 decision that the transfers were constitutional under Article 200, which permits such movements if vacancies exist.
However, the determination of seniority was left to the president of Pakistan, to be based strictly on service records.
The majority opinion stated the issue was not about seniority within a single high court, but about integrating transferred judges into the existing judicial framework without altering their appointment status.
In a dissenting opinion, Justices Naeem Akhtar Afghan and Shakeel Ahmed raised concerns about lack of consultation with high court chief justices and the president’s failure to act independently.
They criticized the process as flawed and rushed, arguing that it violated judicial independence and procedural fairness.
Azad stated the petitioners may also challenge any seniority order issued by President Asif Ali Zardari if it appears to affect the rights of existing IHC judges.
