Islamabad:
Despite the Pakistan Judicial Commission (JCP) approving, by a thin margin of a vote, the appointment of judge Sardar Sarfraz Dogar as a chief judge of the High Court of Islamabad (IHC), judge Syed Mansoor Ali Shah raised serious constitutional concerns concerning the determination of the president of the judges of the CI.
Sources reveal that one day before the JCP meeting, judge Shah sent a letter to the secretary of the commission, expressing his reservations on a presidential notification dated June 27, which set the seniority of the judges of the IHC.
In the letter, judge Shah noted: “With a deference because it seems that this action was taken without the constitutional consultation of the consultation of the honorable judge -in -chief of Pakistan and the two respective judges of the high lessons under article 200 of the Constitution.”
He declared that, in his opinion, the requirement of consultation was a binding constitutional mandate and was not a question of executive discretion which could be conveniently dismissed.
The unilateral determination taken without such consultation may lack legal validity, he stressed.
He added that if the Supreme Court had ordered the president to decide on the seniority of the transferred judges, such conformity must always operate within the constitutional limits.
“The presidential action in question seems to have been taken in undue haste, which raises concerns about the transparency and convenience of the process-conferences that can deserve a constitutional exam,” he warned.
Judge Shah also stressed that article 200 of the Constitution envisages the temporary transfer of judges, not permanent resettlement.
“The treatment of such a transfer as permanent – and consequently the fixing of seniority on this basis – could raise serious constitutional questions, in particular when the fundamental procedure guarantees seem to have been bypassed.”
Calling for institutional prudence, judge Shah stressed that the questions raised in his letter justified a careful reflection before taking measures.
“I would like to emphasize that these are preliminary concerns, and I remain fully respectful of the judicial process and the ultimate authority of the Supreme Court of Pakistan to settle these questions in a conclusive manner,” he said.
He urged the JCP to delay its decision concerning the appointment of the CIH chief judge until the Supreme Court resolves the underlying constitutional questions.
“The more in-depth procedure at this stage may risk disrupting the fundamental constitutional principles, in particular the rule of law, the separation of powers and judicial independence,” he warned.
Judge Shah also asked that his letter be officially presented to the Commission and its content registered in the report of the meeting.
He clarified that the presidential notification dated June 27, 2025 required the letter, adding: “All the observations made in the letter are provisional, offered without prejudice and subject to the final determination by the Supreme Court on the constitutional questions relevant currently under study.”
Meanwhile, we learn that the chief judge of Pakistan Yahya Afridi made a concerted effort to obtain support for the appointment of judge Mian Gul Hassan as a chief judge of the CIH. However, his attempt failed.
In particular, Judge Amicin Khan, another member of the judiciary, voted in favor of the Dogar judge.
Former judge Shaukat Aziz Siddiqui has also greatly approved the appointment of Judge Dogar as CJ IHC.
The attention is now turning to a constitutional bench committee led by Judge Aminuddin Khan will plan an audience on the intra-haired appeal filed by five judges from the CIHC. The appeal disputes the previous approval of the transfer of three judges of different high lessons to the High Court of Islamabad.
With the current summer holidays, the bench training remains unanswered. Justice Jamal Khan Mandokhail has abstained from the voting process.
The final composition of the bench will be critical to determine the fate of the intra-haired call filed by the five judges of the CIH.
Judge Shah is currently outside the country.
