Justice Sattar writes to IHC CJ; raises concern over judges’ seniority list

ISLAMABAD: Justice Babar Sattar of the Islamabad High Court (IHC) has written a letter to IHC Chief Justice Aamer Farooq, expressing concerns regarding the recent transfer of judges and the changes in the court’s administrative committee. 

Earlier in the day, four senior judges of the Supreme Court of Pakistan wrote to Chief Justice Yahya Afridi, urging him to postpone a meeting of the Judicial Commission of Pakistan scheduled for February 10 regarding the appointment of judges. 

The letter, signed by Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Ayesha Malik, and Justice Athar Minallah, raises concerns over the timing and implications of the appointments. 

In his six-page letter, Justice Sattar claimed that the notifications regarding the seniority list and the reconstitution of the administrative committee are unconstitutional and called for their immediate withdrawal.

The letter also mentioned a formal representation filed against the seniority list and emphasised that including judges who have not taken their oaths in administrative roles is unlawful. “It is unclear whether the transfers are temporary or permanent,” he added. 

According to Justice Sattar, Article 194 requires judges to take an oath before assuming their duties at any high court. The three transferred judges had already taken an oath for their respective high courts and did not take a fresh oath upon transfer to the IHC, which was mandatory, the letter stated. 

He further remarked that without taking the necessary oath, these judges cannot perform judicial or administrative functions at the IHC. “This situation may later cause embarrassment for the honourable judges,” he warned. 

Justice Sattar criticised the administrative committee’s reconstitution, stating it violated the Islamabad Judicial Service Rules 2011, which require the committee to comprise the chief justice and two senior judges. Including Justice Khalid Soomro, ranked ninth in seniority, and two judges from the Sindh and Lahore High Courts who lack administrative experience at the IHC, is against these rules, he maintained. 

He questioned the swift inclusion of these judges in the administrative committee just three days after their transfer notification.

Justice Sattar underscored that just as the executive must adhere to the law transparently, judges are equally bound by these principles when exercising their discretionary powers.