By Staff Reporter
ISLAMABAD – Three judges transferred to the Islamabad High Court (IHC) have opted not to fight a Supreme Court challenge to their relocation, the Attorney General said on Thursday, leaving their status in the hands of a Constitutional Bench.
The trio’s transfer, ordered by the president earlier this year, is under scrutiny for its legality, with critics alleging it undermines judicial independence.
A five-judge bench, led by Justice Muhammad Ali Mazhar, is examining petitions filed by five sitting IHC judges who argue that President Asif Ali Zardari’s January transfer of Acting IHC Chief Justice Sardar Muhammad Sarfraz Dogar and Justices Khadim Hussain Soomro and Muhammad Asif violated constitutional protocols. The petitioners insist the judges cannot assume their posts without fresh oaths under Article 194, which governs judicial appointments.
Attorney General Mansoor Usman Awan told the court the transferred judges had chosen not to hire legal counsel, leaving their fate to the bench. “They have decided not to contest the case through lawyers and will accept the court’s determination,” Awan said.
The petitions, filed by Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, and Saman Rafat Imtiaz, allege the transfers bypassed the Judicial Commission of Pakistan (JCP) — the constitutional body responsible for judicial appointments — undermining federalism and the judiciary’s independence.
During Thursday’s hearing, senior counsel Muneer A. Malik highlighted irregularities in JCP proceedings, including a hastily convened April meeting to discuss nominations for IHC’s top judicial posts.
The meeting was moved forward without clarity on confirming Justice Dogar as the permanent chief justice. Awan clarified that no such meeting was planned, with the next JCP session set for May 2 to address appointments for other high courts.
The Khyber Pakhtunkhwa (KP) government backed the petitioners, arguing the transfers flouted constitutional safeguards under Article 175, which outlines judicial appointment procedures.
The Islamabad High Court Bar Association (IHCBA) withdrew its separate challenge after the judges filed their petition, submitting an April 15 resolution to the court. Advocate Anees Mohammad Shahzad cited the resolution as grounds for withdrawal, though counsel Faisal Siddiqui and former IHCBA president Riasat Ali Azad distanced themselves from the decision, claiming they were not consulted.
The bench ordered provincial advocates general and high court registrars to submit detailed statements and updated seniority lists by Tuesday, when daily hearings begin. Awan pledged to provide the full record of the transfers, including a law ministry summary sent to the prime minister advising presidential action under Article 200.
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