ISLAMABAD: Amid concerns over seniority in Justice Sarfraz Dogar’s transfer and his appointment as the senior puisne judge of the Islamabad High Court (IHC), it has emerged that Chief Justice of Pakistan (CJP) Yahya Afridi himself views the transfer as “controversial.”
Judicial Commission of Pakistan (JCP) member Akhtar Hussain revealed that the CJP personally acknowledged the controversy surrounding Justice Dogar’s transfer. However, speaking on Geo News’ Aaj Shahzeb Khanzada Ke Saath, Hussain clarified that the CJP described this as his personal opinion rather than a judicial stance.
Justice Dogar’s transfer from the Lahore High Court (LHC) led the IHC administration to update its seniority list, designating him as the senior puisne judge. In response, five IHC judges—Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, and Justice Arbab Muhammad Tahir—challenged the revised list. They argued that a transferred judge must take a fresh oath under Article 194 of the Constitution, placing them at the bottom of the IHC seniority list and rendering them ineligible for immediate consideration as IHC chief justice.
Justice Dogar’s transfer was part of a broader reshuffling, which also saw Justice Khadim Hussain Soomro (Sindh High Court) and Justice Muhammad Asif (Balochistan High Court) moved to the IHC.
Meanwhile, Monday’s JCP meeting, boycotted by PTI’s Barrister Gohar Ali Khan, Senator Ali Zafar, and Supreme Court Justices Mansoor Ali Shah and Munib Akhtar over the pending 26th Amendment issue, approved the elevation of six judges to the Supreme Court. These included Justice Muhammad Hashim Khan Kakar, Justice Muhammad Shafi Siddiqui, Justice Salahuddin Panhwar, Justice Ishtiaq Ibrahim, Justice Shakeel Ahmad, and Justice Aamer Farooq—chief justices of all high courts except the LHC.
