ISLAMABAD: Supreme Court registrar and Judicial Commission of Pakistan secretary have filed their respective replies with the Constitutional Bench on the pleas challenging the transfer of judges to Islamabad High Court (IHC) and seniority issue, with the apex court registrar saying that the Chief Justice of Pakistan (CJP) had given his consent for the transfer of the judges.
A five-member Constitutional Bench of the apex court headed by Justice Muhammad Ali Mazhar is hearing identical petitions challenging the transfer of judges from various high courts to the IHC.
The bench the other day had adjourned hearing until April 22 and directed that all advocate generals must consult with their respective high courts and submit written responses.
The court had also directed that seniority lists must be included in the written responses.
Five IHC judges -- Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan and Justice Saman Riffat Imtiaz -- had filed a petition in the Supreme Court under Article 184(3) of the Constitution against the transfer of judges.
Three judges from Sindh, Balochistan and Lahore high courts were transferred to the IHC, drawing severe criticism from the legal fraternity, including five IHC judges who were contesting the seniority criteria.
The IHC five judges, who opposed Dogar’s appointment were of the view that the judges transferred from other high courts should take oath anew to reset their seniority.
The five judges had prayed the apex court to restrain Justice Sarfaraz Dogar from performing functions as acting chief justice of the IHC, adding that the respondents, Justice Sarfaraz Dogar, Justice Khadim Hussain Soomro and Justice Muhammad Asif, be restrain from performing any of the judicial and administrative functions as the judges of IHC.
In pursuance of the bench order, SC Registrar Mohammad Saleem Khan in his reply stated that under Article 200 sub-clause (1) of the Constitution, the president of the country has the authority to transfer a judge from one high court to another, in consultation with and with the consent of the Chief Justice of Pakistan and the chief justice of the relevant high court.
He further submitted that according to the procedure provided in the Article 200, the Ministry of Law and Justice had written on February 1, 2025, for consultation and consent to the CJP. The CJP had sent his consent in response to the letter on same day, the Registrar submitted.
Similarly, JCP Secretary Niaz Muhammad Khan stated that the mandate of the judicial commission has been given in Article 175-A of the Constitution.
He submitted that the main responsibility of the JCP is to recommend appointments of judges in the superior judiciary, including the Federal Shariat Court. He further submitted that the current matter relates to transfer of judges, and according to the Constitution, the JCP has no role in that.
