ISLAMABAD: The Supreme Court of Pakistan dismissed multiple petitions challenging the transfer of judges from three provincial high courts to the Islamabad High Court (IHC), ruling the transfers constitutional. The court also upheld the appointment of Justice Sarfraz Dogar as the acting Chief Justice of the IHC on Thursday.
Justice Muhammad Ali Mazhar announced the verdict on behalf of a five-member constitutional bench, which also included Justices Naeem Akhtar Afghan, Shahid Bilal Hassan, Salahuddin Panhwar, and Shakeel Ahmed.
The petitions were originally filed in February under Article 184(3) of the Constitution by five IHC judges—Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, and Justice Saman Riffat Imtiaz—as well as by the Karachi Bar Association, IHC Bar Association, and other legal entities.
The petitioners argued that the president’s discretion under Article 200(1) of the Constitution to transfer judges from one high court to another was not absolute and must align with principles of public interest, judicial independence, and the separation of powers. They further requested that the transferred judges’ seniority be adjusted to reflect their oath-taking date at the IHC, thereby ranking them below the petitioners.
Following 19 hearings since April 17, the Supreme Court issued a 3-2 majority decision. Justices Mazhar, Hassan, and Panhwar voted to dismiss the petitions, while Justices Afghan and Ahmed dissented, supporting the petitioners’ challenge and seeking to nullify the judges’ transfer.
In its five-page judgment, the court clarified that Article 200 of the Constitution grants the president the authority to transfer high court judges, either temporarily or permanently, and such transfers do not amount to fresh appointments. The ruling emphasized that the powers of transfer and judicial appointments—outlined separately in Article 175A—are distinct legal mechanisms and do not overlap.
The judgment also addressed Section 3 of the Islamabad High Court Act, 2010, stating that while it defines the IHC’s composition as including a Chief Justice and twelve other judges, it does not restrict transfers from other high courts under Article 200. The court rejected interpretations suggesting that judges can only be appointed to the IHC through fresh appointments, stating such a view contradicts the Constitution’s explicit provisions.
The verdict reaffirms the constitutional validity of judicial transfers and maintains the continuity of Justice Sarfraz Dogar’s role as acting Chief Justice of the IHC.
