ISLAMABAD – President Asif Ali Zardari has formally notified Justice Sarfraz Dogar as the senior-most judge of the Islamabad High Court (IHC), reinforcing his role as acting Chief Justice. The move comes after the Supreme Court recently upheld the legality of transferring high court judges to the IHC.
The notification, issued by the Ministry of Law and Justice on June 27, follows a Supreme Court ruling from June 19, which dismissed petitions challenging the transfer of three judges from provincial high courts. The court declared the transfers constitutional and confirmed Justice Dogar’s appointment as acting CJ.
Alongside Justice Dogar, Justices Khadim Hussain Soomro and Muhammad Asif were also permanently transferred to the IHC from the Sindh and Balochistan High Courts. The transfers had been contested by five sitting IHC judges and legal bodies, who argued that such moves violated judicial independence under Article 200 of the Constitution.
However, the Supreme Court ruled that the president’s authority to transfer judges was constitutional and exercised in consultation with the Chief Justice of Pakistan. It emphasized that such powers did not harm judicial independence, as the final decision lies within the judiciary itself.
The new seniority list places Justice Mohsin Akhtar Kayani as the second-most senior judge, followed by Justice Miangul Hassan Aurangzeb and Justice Tariq Mehmood Jahangiri. Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, and Justice Arbab Muhammad Tahir follow in seniority.
Meanwhile, the five IHC judges who initially challenged the transfers have filed an intra-court appeal, requesting that the top court’s verdict be overturned. They have asked for interim relief and urged the court to reconsider the impact of the decision on judicial independence and institutional balance.