LAHORE: Justice Sardar Muhammad Sarfraz Dogar was officially appointed as the acting chief justice of the Islamabad High Court (IHC) on Thursday.
His appointment, however, has sparked controversy, with some judges questioning his seniority. This decision comes after Justice Aamer Farooq’s elevation to the Supreme Court earlier in the week.
Unlike the usual practice where a senior judge administers the oath to an acting chief justice, President Asif Ali Zardari oversaw Justice Dogar’s swearing-in. The unusual arrangement fueled speculation that senior IHC judges, who had previously voiced concerns over Dogar’s transfer, might have refused to conduct the ceremony. The Ministry of Law and Justice confirmed the appointment through an official notification, stating that he would serve in the role until a permanent chief justice is named.
Justice Dogar has since taken charge of courtroom number one and begun hearing cases. His appointment follows a legal dispute over judicial transfers, with five IHC judges—Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, and Saman Rafat—challenging the transfers of Justice Dogar from the Lahore High Court (LHC), Justice Khadim Hussain Soomro from the Sindh High Court (SHC), and Justice Mohammad Asif from the Balochistan High Court (BHC).
The petitioners argued that these transfers unfairly affected their seniority. However, the challenge was dismissed by former IHC Chief Justice Aamer Farooq.
The ruling cited constitutional provisions, specifically Article 200, which allows the president to transfer judges between high courts with their consent and in consultation with the chief justice of Pakistan and the chief justices of the respective high courts. The judgment clarified that such transfers do not reset a judge’s seniority in the new court.
Meanwhile, the Ministry of Law and Justice also appointed acting chief justices for other high courts. Justice Ejaz Swati was named acting chief justice of the BHC, Justice Junaid Ghaffar for the SHC, and Justice S.M. Attique Shah for the Peshawar High Court (PHC).
Additionally, seven newly appointed Supreme Court judges took their oath under Chief Justice of Pakistan Yahya Afridi. The appointees include Justice Aamer Farooq, BHC Chief Justice Muhammad Hashim Khan Kakar, SHC Chief Justice Muhammad Shafi Siddiqui, Justice Salahuddin Panhwar, PHC Chief Justice Ishtiaq Ibrahim, Justice Shakeel Ahmad, and Justice Miangul Hassan Aurangzeb.
Justice Aurangzeb was appointed as an acting Supreme Court judge under Article 181 of the Constitution, allowing him to assist with pending tax and commercial cases.
Concerns over the judicial transfer process were also raised at the Supreme Court level. Justices Mansoor Ali Shah, Munib Akhtar, Ayesha Malik, and Athar Minallah expressed reservations in a letter to Chief Justice Afridi, questioning the legitimacy of transferring judges without an oath-taking ceremony.
They described the process as “questionable” and suggested that it could undermine judicial transparency.
