Islamabad, April 14, 2025: The Supreme Court’s constitutional bench on Monday issued notices to the acting Chief Justice of the Islamabad High Court (IHC) and two other judges while hearing petitions challenging their recent transfer to the IHC and changes in the court’s seniority list.
The five-member bench, headed by Justice Muhammad Ali Mazhar and comprising Justices Naeem Akhtar Afghan, Shahid Bilal Hassan, Salahuddin Panhwar, and Shakeel Ahmed, took up multiple petitions filed by five sitting IHC judges and others.
On February 1, the Ministry of Law issued a notification transferring Justice Sardar Muhammad Sarfraz Dogar (Lahore High Court), Justice Khadim Hussain Soomro (Sindh High Court), and Justice Muhammad Asif (Balochistan High Court) to the IHC.
Following their transfer, the IHC issued a revised seniority list, placing Justice Dogar as the senior puisne judge. This prompted objections from five IHC judges — Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Sardar Ejaz Ishaq Khan, Justice Babar Sattar, and Justice Saman Rafat Imtiaz — who submitted formal representations against Justice Dogar’s appointment.
These objections were dismissed by the then IHC Chief Justice Aamer Farooq, who was later elevated to the Supreme Court. Subsequently, Justice Dogar was appointed as the acting Chief Justice of the IHC.
Challenging Justice Farooq’s order and the transfers, the five IHC judges, PTI founder Imran Khan, four bar associations, and Raja Muscat Riaz Khan filed constitutional petitions in the Supreme Court.
During Monday’s proceedings, Attorney General for Pakistan Mansoor Usman Awan appeared on behalf of the government. Other legal counsel included Idrees Ashraf (representing Imran Khan and Raja Muqsit), former Attorney General Munir A. Malik, and Barrister Salahuddin Ahmed, who appeared for the IHC judges.
The apex court issued notices to the three transferred judges — Justice Dogar, Justice Soomro, and Justice Asif — as well as to the Attorney General. However, the bench declined the petitioners’ request to bar the transferred judges from performing judicial duties until the matter is resolved.
The petitioners have asked the court to declare the transfers unconstitutional and to suspend the judicial work of the transferred judges until a final verdict is issued. They also argue that the transferred judges have not taken the oath as IHC judges, and that their seniority should be determined from the date they do so.
