ISLAMABAD: Justice Syed Mansoor Ali Shah has raised constitutional concerns regarding the president’s unilateral decision on the seniority of Islamabad High Court (IHC) judges. Despite the Judicial Commission of Pakistan (JCP) approving the nomination of Justice Sardar Sarfraz Dogar as IHC chief justice, Justice Shah questioned the validity of the president’s notification issued on June 27, which fixed the seniority of IHC judges.
In a letter to the JCP secretary sent a day before the commission’s meeting, Justice Shah expressed reservations over the absence of consultation with the Chief Justice of Pakistan and the chief justices of relevant high courts, as required by Article 200 of the Constitution. He emphasized that this consultation was a constitutional mandate, not an executive discretion that could be bypassed.
Justice Shah pointed out that while the Supreme Court had directed the president to decide on the seniority of transferred judges, such actions must align with constitutional requirements. He raised concerns that the presidential action appeared rushed, potentially undermining transparency and propriety.
The judge also noted that Article 200 of the Constitution refers to the temporary transfer of judges, not permanent relocations. He argued that fixing seniority based on such a transfer could be constitutionally problematic, especially if procedural safeguards were ignored.
In his letter, Justice Shah called for a pause in the IHC chief justice appointment until the Supreme Court resolves the constitutional issues. He stressed that further action at this stage might risk undermining key constitutional principles such as the rule of law, judicial independence, and separation of powers.
Justice Shah also requested that his letter be formally presented to the JCP and recorded in the meeting minutes. He clarified that his observations were tentative, pending final determination by the Supreme Court.
Meanwhile, Chief Justice Yahya Afridi attempted to garner support for the nomination of Justice Mian Gul Hassan as IHC chief justice, but his efforts were unsuccessful. Notably, Justice Aminuddin Khan, a fellow judicial member, voted in favor of Justice Dogar. Former judge Shaukat Aziz Siddiqui also strongly supported Dogar’s nomination.
Attention is now on the upcoming hearing of an intra-court appeal filed by five IHC judges, which challenges the transfer of three judges to the IHC. The formation of the constitutional bench, led by Justice Aminuddin Khan, remains pending due to the ongoing summer vacations. Justice Jamal Khan Mandokhail abstained from voting.
