ISLAMABAD – Senior judges of the Islamabad High Court (IHC) have jointly written a letter to the President of Pakistan and the Chief Justice of Pakistan, opposing the appointment of a Chief Justice from another high court.
The letter states that no judge should be brought from another high court or appointed as Chief Justice; instead, one of the three senior judges of the IHC should be chosen for the position.
Copies of the letter have also been sent to the President, the Chief Justice, and the Chief Justices of Sindh High Court, Lahore High Court, and Islamabad High Court.
The letter emphasizes that “meaningful consultation” is essential before bringing in a judge from another high court and that valid reasons must be provided for such a move. It highlights that Lahore High Court has 200,000 pending cases, significantly more than Islamabad High Court. The letter questions how the seniority system of IHC can be altered in such a manner.
The letter was penned by Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan and Justice Saman Rafat Imtiaz.
The letter argues that if a judge from Lahore High Court is transferred to Islamabad High Court, he cannot be made Chief Justice under the Constitution. A judge’s oath is tied to the specific high court they serve, and any transferred judge must take a fresh oath under Article 194 of the Constitution before assuming duties at IHC. Their seniority will then be determined based on this new oath.
The Supreme Court has already ruled that seniority is determined from the date a judge takes an oath in a specific high court. Appointing a Lahore High Court judge as IHC Chief Justice would be a constitutional violation. The Constitution mandates that the Chief Justice of a High Court must be appointed from the three senior-most judges of that High Court.
The letter further warns that transferring a lower-ranked judge from one high court and considering him for the Chief Justice post in another court would be against the spirit of the Constitution. It also asserts that there is no concept of a Federal Judicial Service in Pakistan—each high court is independent and autonomous.
Additionally, it highlights that judges take an oath only for their respective provincial high courts, and since the 18th Constitutional Amendment in 2010, no permanent high court judge has been transferred under Article 200.
The letter also presents statistics, pointing out that while Lahore High Court has a sanctioned strength of 60 judges, only 35 are currently serving, making up just 58.33% of the required number. In contrast, IHC has 10 out of 12 judges functioning, covering 83.33% of its judicial capacity.
The letter rejects the claim that transferring a judge is necessary due to pending cases at IHC, stating that the real need for additional judges is in Lahore High Court, not in Islamabad High Court.
