ISLAMABAD: The Judicial Commission of Pakistan (JCP) has once more delayed its much-anticipated meeting to appoint permanent chief justices for four high courts, including the Islamabad High Court (IHC), where an ongoing seniority dispute remains unresolved.
Originally scheduled for April 18, the meeting was first pushed to May 2, then to May 19. It was expected to confirm appointments for the IHC, Sindh High Court (SHC), Peshawar High Court (PHC), and Balochistan High Court (BHC). However, a notification issued by the JCP, chaired by Chief Justice of Pakistan Yahya Afridi, announced the meeting’s postponement without providing a new date or explanation.
Currently, all four high courts are led by acting chief justices following the elevation of their previous heads to the Supreme Court.
The delay comes amid a constitutional case being heard by the Supreme Court over the transfer of three judges from different high courts to the IHC: Justice Sardar Muhammad Sarfraz Dogar (LHC), Justice Khadim Hussain Soomro (SHC), and Justice Muhammad Asif (BHC). Their transfer, notified by the Ministry of Law on February 1, led to a revised IHC seniority list on February 3 that ranked Justice Dogar as the senior puisne judge.
This change prompted objections from five IHC judges—Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Sardar Ejaz Ishaq Khan, Babar Sattar, and Saman Rafat Imtiaz—who contested Justice Dogar’s seniority and his February 12 appointment as acting chief justice.
The Supreme Court is currently reviewing several petitions filed by the IHC judges, former prime minister Imran Khan, and four bar associations. The petitions challenge the legality of the transfers, the revised seniority list, and the February 8 decision regarding judicial representation.
Former IHC Chief Justice Aamer Farooq dismissed the objections, referencing Article 200 of the Constitution, which permits the transfer of high court judges by the president—with the judge’s consent and following consultation with the chief justice of Pakistan and relevant high court leaders.
The Supreme Court registrar also backed the transfers, citing Article 200(1), while the law ministry confirmed that required consultations took place on February 1, the day the transfer notifications were issued.
In its submission to the Supreme Court, the JCP emphasized its adherence to Article 175-A of the Constitution and its commitment to upholding constitutional procedures.
