ISLAMABAD: As Islamabad High Court Chief Justice Aamer Farooq is expected to join the Supreme Court, the judicial bureaucracy is reportedly planning to bring a judge from the Lahore High Court to lead the IHC after the incumbent CJ’s elevation.

Traditionally, the senior puisne judge of a high court is appointed as the chief justice, but the Judicial Commission of Pakistan (JCP) earlier this year introduced new rules to bypass the seniority criterion in light of the 26th Amendment.

The JCP proposed that the chief justice of a high court could be appointed from among the panel of five senior-most judges.

For instance, Chief Justice of Pakistan Yayha Afridi, who was number three on the seniority list, was appointed as the CJP by the special parliamentary committee, bypassing senior puisne judge Mansoor Ali Shah and Justice Munib Akhtar. Likewise, the incumbent Chief Justice of Lahore High Court Justice Aalia Neelum was at number three on the seniority list but senior puisne judge Shujaat Ali Khan and Justice Ali Baqir Najafi were superseded by the JCP.

Insiders claim three LHC judges are being considered for transfer to IHC

In the IHC, Justice Mohsin Akhtar Kayani is the senior puisne judge who was appointed on Dec 23, 2015. Other judges in the seniority order are Justice Miangul Hassan Aurangzeb, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Mohammad Tahir, and Justice Saman Rafat Imtiaz.

Sources told Dawn that the names of LHC Justice Sadaqat Ali Khan, Justice Shehram Sarwar Chaudhry, and Justice Sardar Mohammad Sarfraz Dogar are being considered for their transfer to the IHC and it is likely that one of them will be made the IHC CJ. The date of appointment of Justice Khan is May 27, 2012, Justice Chaudhry and Justice Dogar are June 8, 2015. Hence, all these judges are senior to the IHC judges.

Article 200 of the Constitution says: “The President may transfer a judge of a High Court from one High Court to another High Court, but no judge shall be so transferred except with his consent and after consultation by the President with the Chief Justice of Pakistan and the Chief Justice of both the High Courts.”

It may be mentioned that earlier LHC Justice Sardar Mohammad Aslam, Justice M Bilal Khan and Justice Iqbal Hameedur Rehman were transferred to the IHC under the said article and were appointed as the chief justice of the Islamabad High Court.

However, President of the Islamabad High Court Bar Association (IHCBA) Riasat Ali Azad said that the bar would not welcome any judge from another high court to take charge of the IHC. He said that the IHCBA would strongly resist any such move and hold a protest at Constitution Avenue. He demanded that the IHC CJ and the upcoming appointment of the additional judges would be made from among lawyers practicing in the federal capital.

Published in Dawn, December 10th, 2024