SC constitutional bench serves notice on acting IHC CJ, two other judges in transfer case
Pakistan
The five-member bench headed by Justice Muhammad Ali Mazhar heard the petitions
ISLAMABAD (Dunya News) - The constitutional bench of Supreme Court on Monday issued notices to the Islamabad High Court (IHC) acting chief justice and two other judges as it took up petitions challenging their recent transfer to the court.
The five-member bench headed by Justice Muhammad Ali Mazhar and comprising Justices Naeem Akhtar Afghan, Shahid Bilal, Salahuddin Panhwar and Shakeel Ahmed heard the case.
The petitions were filed by five IHC judges, the Karachi Bar Association (KBA) and the IHC Bar Association.
The court issued the notices to Justice Sarfraz Dogar, Justice Khadim Hussain and Justice Muhammad Asif.
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The notices were also issued to the registrars of the high courts concerned and attorney general.
In his remarks, Justice Muhammad Ali Mazhar said that all the transfers were made according to the constitution on the advice of the Chief Justice of Pakistan.
The matter arose after the law ministry issued a notification on Feb 1, transferring three sitting judges - Justice Sardar Mohammad Sarfraz Dogar from Lahore High Court, Justice Khadim Hussain Soomro from Sindh High Court and Justice Muhammad Asif from Balochistan High Court - to the IHC.
Five IHC judges Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan and Justice Saman Rafat Imtiaz had filed a representation, contending that under the Constitution, a high court judge must take a new oath upon transfer to a different high court, which should not affect their seniority ranking.
