Aaj News

IHC judges file intra-court appeal against SC ruling on transfers, seniority

SC states that President of Pakistan will determine whether transfers are temporary or permanent
Published 28 Jun, 2025 01:37pm
File photo
File photo

Five judges of the Islamabad High Court have submitted an intra-court appeal against the Supreme Court’s recent ruling on judge transfers and seniority.

Lawyer Munir A. Malik has filed an appeal aiming to overturn the June 19 decision and requesting that it be suspended until the resolution of the appeal.

On June 19, the Supreme Court issued a ruling regarding the transfer of three judges from the Islamabad High Court, affirming the legality of the transfers with a 3-2 majority.

The court indicated that the determination of whether these transfers are temporary or permanent lies with the President of Pakistan, who has also been tasked with making a prompt decision on seniority matters.

Justices Muhammad Ali Mazhar, Shahid Bilal, and Salahuddin Panhwar supported the majority decision, while Justices Naeem Akhtar Afghan and Shakeel Ahmed expressed dissenting views.

The ruling stated that Justice Sarfraz Dogar will remain the Acting Chief Justice of the Islamabad High Court until the President makes a final decision.

The Supreme Court’s five-member bench was led by Justice Muhammad Ali Mazhar, with participating judges including Naeem Akhtar Afghan, Shahid Bilal, Salahuddin Panhwar, and Shakeel Ahmed. The court reserved its decision after hearing arguments from all parties involved.

Notably, the transfer of Justices Sarfraz Dogar, Muhammad Asif, and Khadim Hussain Somroo prompted senior judges Justice Mohsin Akhtar Kiyani, Justice Babar Sattar, Justice Tariq Jahangiri, Justice Sardar Ijaz Ishaq, and Justice Thaman Rafat Imtiaz to approach the Supreme Court. They contended that the transfers undermine seniority and contravene the Constitution.

Additionally, requests regarding this matter were filed with the Supreme Court by the founder of the PTI and the Karachi Bar.

The judges’ intra-court appeal has now reintroduced this issue into a significant legal and constitutional context.

Supreme Court

Pakistan

Islamabad High Court

judges transfer

Munir A. Malik