ISLAMABAD (A-News)— On Monday, the Supreme Court’s constitutional bench issued letters to the acting chief justice of the Islamabad High Court (IHC) and two other judges in response to petitions contesting their recent transfer to the court.
The case was heard by a five-member bench led by Justice Muhammad Ali Mazhar and made up of Justices Naeem Akhtar Afghan, Shahid Bilal, Salahuddin Panhwar, and Shakeel Ahmed.
The petitions were submitted by five IHC judges, the Karachi Bar Association (KBA), and the IHC Bar Association.
The court sent notices to Justices Sarfraz Dogar, Khadim Hussain, and Muhammad Asif.
The notices were also sent to the registrars of the respective high courts and the attorney general.
Justice Ali Mazhar stated that all transfers were made in accordance with the constitution and on the recommendation of the Chief Justice of Pakistan.
The issue emerged when the law ministry issued a notification on February 1 transferring three sitting justices – Justice Sardar Mohammad Sarfraz Dogar from the Lahore High Court, Justice Khadim Hussain Soomro from the Sindh High Court, and Justice Muhammad Asif from the Balochistan High Court—to the IHC.
Five IHC judges, Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, and Justice Saman Rafat Imtiaz, filed a representation, arguing that under the Constitution, a high court judge must take a new oath when transferred to a different high court, which should not affect their seniority ranking.