ISLAMABAD: The Judicial Commission of Pakistan (JCP) has rescheduled its previously planned meeting from May 2 to May 19. This significant meeting will focus on reviewing nominations for the appointment of permanent chief justices to four of the country’s high courts, including the Islamabad High Court (IHC).
Chief Justice of Pakistan Yahya Afridi will chair the session at the Supreme Court building. Currently, acting chief justices are presiding over the Islamabad, Sindh, Peshawar, and Balochistan high courts.
According to sources, the JCP has requested each high court to submit nominations by May 4, with the commission expected to review the names of the three most senior judges from each respective court.
Judicial Transfers Under Review
The meeting comes at a time when a constitutional bench (CB) of the Supreme Court is hearing multiple petitions related to the recent transfer of judges to the IHC and the subsequent reshuffling of the seniority list.
On February 1, the Ministry of Law issued a notification transferring Justice Sardar Muhammad Sarfraz Dogar (from Lahore High Court), Justice Khadim Hussain Soomro (Sindh High Court), and Justice Muhammad Asif (Balochistan High Court) to the Islamabad High Court.
Following the transfers, the IHC released a revised seniority list on February 3, placing Justice Dogar as the senior puisne judge. This prompted five IHC judges — Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Sardar Ejaz Ishaq Khan, Babar Sattar, and Saman Rafat Imtiaz — to challenge the list and file representations against Justice Dogar’s placement.
However, then-IHC Chief Justice Aamer Farooq dismissed their objections. After Justice Farooq’s elevation to the Supreme Court, Justice Dogar was appointed acting chief justice of the IHC on February 12.
Legal Challenge and Constitutional Interpretation
A total of seven petitions — including those from the five IHC judges, PTI founder Imran Khan, and four bar associations — are currently before the Supreme Court. These petitions contest the transfer notification, the updated seniority list, Justice Dogar’s appointment as acting IHC chief justice, and the dismissal of the objections filed by the judges.
During recent hearings, the constitutional bench called for responses from various parties involved.
In its reply, the Supreme Court’s registrar clarified that under Article 200(1) of the Constitution, a high court judge may be transferred to another high court only with their consent and after consultation with the Chief Justice of Pakistan and the chief justices of both involved courts. The registrar confirmed that this consultation occurred on February 1, the same day the transfer was notified.
JCP Affirms Constitutional Role
The JCP also submitted its response to the Supreme Court, reaffirming its constitutional mandate under Article 175-A. The commission emphasized that its main responsibility is the appointment of judges to the Supreme Court, high courts, and the Federal Shariat Court.
The JCP requested its reply be included in the court record and expressed full respect for the Supreme Court’s authority, stating it is prepared to provide full cooperation whenever required.
