Top IHC judges stay away from new boss’ oath
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ISLAMABAD: The acting chief justice of the Islamabad High Court (IHC), Justice Sardar Mohammad Sarfraz Dogar, took oath in a ceremony boycotted by his fellow judges on Friday.
The lawyer bodies of the federal capital also “rejected” Justice Dogar’s appointment as the acting chief justice.
President Asif Ali Zardari administered oath to Justice Dogar at the Presidency.
All IHC judges were invited, but five of them, justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan and Saman Rafat Imtiaz, did not attend the ceremony.
Interestingly, Justice Kayani attended the oath-taking ceremony of new Supreme Court judges held on the same day at the top court’s building a few blocks from the Presidency.
Capital’s lawyers oppose Justice Dogar’s ‘promotion’, say he is not a judge of IHC
When a reporter asked Justice Kayani whether he would attend the oath-taking ceremony of his acting chief justice, he replied: “I am comfortable here”.
Justice Jahangiri, who also opted out of the oath-taking ceremony, later attended an event organised by the Islamabad High Court Bar Association (IHCBA) to distribute certificates among lawyers.
As the senior puisne judge of the IHC, Justice Kayani was in line to become the chief justice after the elevation of Justice Aamer Farooq to the Supreme Court.
However, the transfer of Justice Dogar from Lahore High Court rejigged the court’s seniority list, as he became the senior puisne judge, pushing Justice Kayani to No 3.
Justice Kayani also lost his position in the court’s Departmental Promotion Committee and the Administration Committee and was removed as the inspection judge of Special Courts.
On Tuesday, these judges sent a representation to the chief justice of the IHC and CJP Afridi against placing them down on the seniority list.
A central concern raised by the judges was that a transferred judge would be required to take a fresh oath under Article 194, which would place them at the bottom of the seniority list within the IHC.
Justice Kayani was among the five IHC judges who opposed the new seniority list and filed a complaint with Chief Justice of Pakistan Yahya Afridi and then IHC chief justice Aamer Farooq.
They claimed that a transferred judge has to take fresh oath under Article 194, which would place them at the bottom of the seniority list.
The representation was rejected by Justice Farooq, keeping the new seniority list intact.
Lawyers reject appointment
The lawyer bodies of Islamabad have rejected Justice Dogar’s appointment and warned of initiating a movement against the government for “installing hand-picked judges”.
The representatives of IHCBA, Islamabad Bar Council (IBC) and District Bar Association Islamabad (DBAI) termed the appointment “an intrusion”.
In the IHCBA event, Justice Jahangiri emphasised the importance of hard work and merit-based success in the legal profession.
He claimed to have never sought recommendations for any position.
The judge shared his personal journey in the field of law, underscoring the need for dedication and professionalism.
He remarked that he started practising law from scratch and gradually progressed to become a high court judge through “dedication and legal acumen”.
He advised young lawyers to work hard and prepare their cases thoroughly to ensure they present their arguments effectively in court.
IBC member Raja Aleem Abbasi also addressed the gathering and voiced his opposition to the transfer of Justice Dogar.
He affirmed that the five judges who opposed the transfer were “on the right side of history”.
He criticised the 26th constitutional amendment, stating that it “was manipulated for vested interests” and predicted that the Supreme Court’s larger bench would review it in future.
Mr Abbasi pointed out that lawyers have boycotted the oath-taking ceremony of new Supreme Court judges as a mark of protest.
IHCBA President Riasat Ali Azad said Justice Dogar was “not a judge of the IHC”, as he was transferred from the LHC and was rendering his service on deputation.
He said the appointment of Justice Dogar “not only disturbed the seniority of IHC judges but also usurped the rights of 15 senior judges”.
According to him, the acting CJ has been “installed under a plan” to block the promotion of Justice Kayani.
While talking to Dawn, Mr Azad said that lawyers would start a movement similar to the one that ousted chief justice Abdul Hameed Dogar.
The ex-CJP took oath as the top judge under the Provisional Constitutional Order issued after then president Gen Pervez Musharraf proclaimed the state of emergency in 2007.
Published in Dawn, February 15th, 2025
