IHC Judges Get Support from Five Former Bar Presidents in Seniority Clash

ISLAMABAD (RNN TV) — Four former presidents of the Islamabad High Court Bar Association (IHCBA) have expressed their support for five sitting judges of the Islamabad High Court (IHC) currently involved in a seniority dispute pending before the Supreme Court’s Constitutional Bench.

The former bar leaders—Riasat Ali Azad, Muhammad Shoaib Shaheen, Muhammad Arif Chaudhry, and Zahid Mahmood—filed a joint petition through senior lawyer Faisal Siddiqi. The petition challenges the President of Pakistan’s authority to transfer high court judges under Article 200(1) of the Constitution, arguing that such power should not be exercised without clear public interest and must respect the principles of judicial independence and separation of powers.

The case, being heard by a five-member bench led by Justice Muhammad Ali Mazhar, will resume on April 29. The proceedings focus on petitions concerning the inter-se seniority of five IHC judges: Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, and Saman Rafat Imtiaz.

These judges have jointly petitioned the Supreme Court, arguing that three transferred judges should not be considered part of the IHC bench unless they retake the oath under Article 194, in conjunction with Schedule III of the Constitution.

The outcome of this high-profile case is expected to have significant implications for judicial independence and the process of judicial transfers in Pakistan.

A new petition filed by four former presidents of the Islamabad High Court Bar Association (IHCBA) before the Supreme Court seeks to challenge the recent transfers of three judges and questions the constitutional validity of related decisions.

The petition was submitted following the Supreme Court’s approval to withdraw a similar petition filed by Riasat Ali Azad, which was based on a resolution passed by the current IHCBA cabinet. The fresh petition argues that the President’s power under Article 200(1) should be exercised in alignment with Article 175A of the Constitution, without undermining the Judicial Commission of Pakistan’s (JCP) role in appointing judges to specific high courts.

The petitioners are asking the Constitutional Bench to declare the transfer notification of the three judges unconstitutional, asserting that it lacks a clear public interest justification and should be annulled. Alternatively, they are requesting that the court declare the transferred judges cannot be considered part of the IHC until they retake their oaths under Article 194, in line with the Constitution’s Third Schedule.

Furthermore, the petitioners seek a declaration that the inter-se seniority of the transferred judges should only be determined from the date they take their oaths and, as a result, they would rank lower than the five existing IHC judges. The petition also challenges the February 8, 2025, decision by the then-chief justice of the IHC, calling it illegal and unconstitutional, and urges the court to set aside both the decision and the February 3 seniority list.

In another key issue, the petition questions the February 12, 2025, appointment of Acting Chief Justice (ACJ) Sardar Muhammad Sarfraz Dogar, arguing that the President’s notification of his appointment was in violation of the law.

In a separate legal development, Mashal Azam, a lawyer and former Special Assistant to the Chief Minister of Khyber Pakhtunkhwa, filed a petition over being obstructed from meeting her clients, PTI founder Imran Khan and Bushra Bibi, during jail trials at Adiala Jail, Rawalpindi. Azam claims that jail authorities repeatedly blocked her access, despite a clear order from the IHC on September 6, 2024, guaranteeing unrestricted access for lawyers with valid power of attorney.

The petition alleges that the obstruction violates the constitutional right to a fair trial (Article 10-A) and constitutes contempt of court (Article 204), as it represents willful defiance of court orders, citing the Contempt of Court Ordinance.

Source: Web Desk