ISLAMABAD:
The Islamabad High Court Bar Association (IHCBA) has also approached the apex court against a new seniority list issued by the former IHC chief justice, Aamer Farooq, after transfer of three new judges to the capital’s high court earlier this month.
The constitutional petition filed under Article 184(3) of the Constitution urges the Supreme Court to declare that the president does not have unlimited powers under Article 200(1) to transfer judges. Judges cannot be transferred from one high court to another without public interest.
The petition requests that judges transferred to other high courts should be recognized as judges of those respective courts until they take a new oath.
It also seeks to nullify the appointment of the IHC acting chief justice, Sardar Muhammad Sarfraz Dogar; to count seniority only after the new judges take their oaths, and to direct the IHC registrar to issue a revised seniority list.
The Ministry of Law on February 1 issued notification for the transfer of Justice Dogar, Justice Khadim Hussain Soomro and Justice Muhammad Asifrespectively from the Lahore High Court, the Sindh High Court and the Balochistan High Courtto the IHC.
Later IHC former chief justice Aamer Farooq issued a new seniority list in which Justice Dogar appeared as the senior puisne judge. Five IHC judges, including former senior puisne judge Mohsin Akhtar Kayani, filed representations against the move, which Justice Farooq rejected.
The judges later approached the Supreme Court against the new seniority list.
