Sarfraz Dogar IHC Judge Transfer Controversy
The transfer of judges to the IHC has raised questions about the impact on the judiciary's independence and the potential consequences for the seniority of existing judges, with the Supreme Court's verdict and the president's notification being seen as a significant development in the controversy surrounding Justice Sarfraz Dogar's appointment as the senior-most judge of the IHC.
Five judges of the Islamabad High Court (IHC) have filed an intra-court appeal against the Supreme Court's order endorsing the transfer of three judges to the IHC, including Acting Chief Justice Sarfraz Dogar, who has been designated as the senior puisne judge.
The controversy revolves around changes made to the judges' seniority list following the transfers, with the five judges challenging the order and requesting the Supreme Court to restrain the three transferred judges from performing any judicial or administrative functions as IHC judges. The judges have sought an immediate suspension of the Supreme Court's June 19 decision until their ICA is heard, and have also moved the top court to impose a stay order on the determination of seniority of judges transferred to the IHC.
President Asif Ali Zardari has declared Justice Sarfraz Dogar the senior-most judge of the Islamabad High Court (IHC) following a fresh seniority list released by the Ministry of Law and Justice. This decision comes after the Supreme Court declared the transfer of IHC judges constitutional and referred the matter of seniority determination to the president. The seniority list ranks Justice Dogar as the most senior judge, while the two other transferred judges, Justice Khadim Hussain Soomro and Justice Muhammad Asif, are ranked 9th and 11th, respectively.
The intra-court appeal filed by the five IHC judges is likely to further prolong the controversy surrounding the transfer of judges to the IHC, with the judges arguing that the transfer affects their seniority ranking. The Supreme Court's verdict and the president's notification have sparked a debate about the independence of the judiciary and the role of the executive in determining the seniority of judges.