A five-member constitutional bench of the Supreme Court recently addressed petitions concerning judges’ transfers and seniority changes. The bench, led by Justice Muhammad Ali Mazhar, includes Justices Naeem Akhtar Afghan, Shahid Bilal Hassan, Salahuddin Panhwar, and Shakeel Ahmed. They issued notices to the Islamabad High Court (IHC) acting chief justice and two other judges involved in the transfers.
In February, three judges were transferred to the IHC from other high courts. Justice Sardar Mohammad Sarfraz Dogar from Lahore, Justice Khadim Hussain Soomro from Sindh, and Justice Muhammad Asif from Balochistan joined the IHC. This sparked controversy when Justice Dogar was designated as the senior puisne judge, paving the way for his appointment as the acting IHC chief justice.
The Supreme Court gathered input from various legal representatives. Attorney General Mansoor Usman Awan represented the government, while ex-AGP Munir A. Malik and Barrister Salahuddin Ahmed represented the IHC judges. The bench did not grant the request to prevent the transferred judges from performing their duties but issued notices to them and AGP Awan. The hearing was adjourned until April 17.
Additionally, five IHC judges challenged the seniority list that included transferred judges. They argued that this violated constitutional procedures. They sought a court ruling to state that these judges are not permanent members of the IHC until they take a fresh oath. Concerns over the transfers have also been raised by legal groups, reflecting a fear of eroding public trust in the judiciary.