ISLAMABAD – Five judges of the Islamabad High Court have filed a 49-page petition in the Supreme Court under Article 184(3) of the Constitution through lawyers Munir A. Malik and Barrister Salahuddin.
The petitioners include Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Saman Rafat Imtiaz, and Justice Sardar Ejaz Ishaq.
The petition requests the court to declare that the President does not have unlimited authority under Article 200(1) to transfer judges and that judges cannot be transferred from one high court to another without public interest. It also seeks to prevent Justice Sarfraz Dogar from serving as the acting Chief Justice of the Islamabad High Court.
Additionally, the petition calls for Justice Khalid Soomro and Justice Muhammad Asif to be barred from judicial work. The respondents in the case include the President of Pakistan, the federal government, the Judicial Commission, the Supreme Court Registrar, and the registrars of the Sindh, Balochistan, and Lahore High Courts.
Justice Aamer Farooq’s Written Decision
Former Chief Justice of the Islamabad High Court, Justice Aamer Farooq, had previously rejected the seniority representation of these five judges. They had challenged the seniority of Justice Sarfraz Dogar, who was designated as the senior puisne judge.
In his detailed ruling, Justice Aamer Farooq cited precedents from the Indian Supreme Court regarding judicial transfers. The decision also referenced relevant constitutional provisions related to judicial appointments, transfers, and oaths.
The ruling stated that Justice Sarfraz Dogar, transferred from the Lahore High Court, took his oath as a high court judge on June 8, 2015. Justice Khadim Hussain Soomro was appointed to the Sindh High Court on April 14, 2023, while Justice Muhammad Asif took his oath as a judge of the Balochistan High Court on January 20, 2025.
