The seniority question: IHC appointments legal battle begins tomorrow

ISLAMABAD: The issue of seniority in Islamabad High Court (IHC) and the impact of new appointments is about to turn into a legal battle. Five IHC judges have hired senior lawyers Munir A Malik and Barrister Salahuddin to contest the rejection of representation against seniority.

The petition challenging the IHC’s verdict will be filed in Supreme Court today or tomorrow. The five judges had filed a representation against the appointment of Justice Sarfaraz Dogar as a Senior Puisne Judge in seniority. However, former IHC chief justice Aamer Farooq had rejected seniority representation of five judges.

‘Appointment’ different from ‘transfer’: IHC Chief Justice rules

Justice Farooq’s verdict said that transfer of judges is different from new appointments. Transferred judges neither have to take the oath again, nor do they impact the seniority of the IHC, the verdict said.

BACKGROUND

The Judicial Commission of Pakistan (JCP) has approved transfers of three justices from Lahore High Court (LHC), Sindh High Court (SHC), and Balochistan High Court (BHC).

President Asif Ali Zardari has also approved the transfer of Justice Sardar Muhammad Sarfraz Dogar from the LHC to the IHC, Justice Khadim Hussain Soomro from the SHC to the IHC, and Justice Muhammad Asif from the BHC to the IHC.

Three provincial high court judges transferred to IHC

The IHC lawyers and judges, however, are opposed to these appointments, arguing that transfers like this impact the seniority of the IHC judges – which comes into play when judges are elevated to the Supreme Court or appointed Chief Justice of the high court.

ATTORNEY GENERAL OPPOSES APPOINTMENTS

Attorney General for Pakistan (AGP) Mansoor Usman Awan said that he does not agree with the seniority situation as a result of the latest appointments to the IHC.

AGP Mansoor Awan disputes CJP’s position on judges’ seniority

He said that does not agree with the position of Chief Justice of Pakistan Yahya Afridi on Justice Sarfaraz Dogar’s seniority. “My position is in writing in the Judicial Commission meeting,” AGP Awan said, adding, the seniority list of judges is made from among those who have previously taken the oath.

“The transfer of a judge from any high court is not temporary,” the attorney general said.