Five judges of the Superior Court of Islamabad (IHC) have approached the Supreme Court (SC) on Friday, challenging a series of administrative actions of the President of the Supreme Court of IHC, Sarfaraz Dogar, said Express News.
An unprecedented development has been developed in the IHC, such as Judges Mohsin Akhtar Kayani, Babar Sattar, Tariq Mahmood Jahangiri, Saman Rafat Imtiaz and Ejaz Ishaq approached collectively to SC, presenting requests that contain two different demands.
Its requests, presented under article 184 (3) of the Constitution, question the limits of the authority of the President of the Supreme Court, including restrictions on judicial powers, ongoing cases transfers and the elimination of judges of the list.
In their requests, the judges raised a point: “If the excessive administrative control exercised by the president of the Superior Court of Islamabad, which impacted the judicial results through the setting of the list and the case, is in violation of the principle of the horizontal independence of the Judiciary?”
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The judges argued that no judge can be prohibited to perform judicial tasks, except under article 209 of the Constitution, and their requests seek orientation of the Apex court on whether the exercise of administrative powers of the President of the President can annul the judicial functions.
“If the president of the Superior Court is granted with any power that allows him to constitute banks in a way that makes the judges of the Superior Court dysfunctional?” The petitioners asked.
They questioned whether excessive administrative control, including cases setting and the management of the list, undermines the independence of the judges of the Superior Court and if the president of the Supreme Court can constitute banks in a way that makes the judges dysfunctional or transfer the average hearing cases.
The requests impugnate further the continuous use of the doctrine of the “teacher of the list”, previously annulled by the Supreme Court, and expressed concerns about the legality of the administrative committees formed on July 3 and 15, 2025.
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“If the invocation of the doctrine of” teacher of the list “by the president of the Supreme Court of the IHC, already annulled by the Supreme Court, allowed by law?” Asked the requests to the Apex Court.
The judges argued that the Superior Court must collectively exercise the powers under article 202 for the promulgation of promulgation rules, and that the President of the Supreme Court, and questioned whether to transform the Collegium into a regimented administrative structure violates the constitutional principles.
They also stressed that the publication and late support of the rules of practice and procedure of the Superior Court of Islamabad, 2025, can be illegal, and raised doubts about the failure of the Superior Court to establish rules for the operation of the Judicial Power of the District in Islamabad as required in article 203.
In addition, the judges sought clarity on whether the IHC can be issued written in itself by virtue of article 199, and if it restricts a judge of the Superior Court to carry out judicial duties against the precedents of the Supreme Court, including the historical cases of the former CJP Iftikhar Muhammad Chaudhry vs President of Pakistan (PLD 2010 SC 61) and MALIK ASAD ALI Vs fuda offermar of the Carrerse del Carreter del Cercer del Carter del Carreter of the Cermerition of the Paksan Consulture Federation.
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The requests also require the annulment of notifications of the Administrative Committee issued in February and July, and declare the latest IHC rules illegal. They argue that the Superior Court cannot issue writings against itself by virtue of article 199. When they left the Supreme Court, Judge Mohsin Akhtar Kayani told journalists that all cases assigned to fixed banks had been heard.
The reports suggest that Judge Jahangiri can personally represent his case. His request has been assigned the newspaper number 23409. Judge Jahangiri was suspended from judicial work by the IHC on September 16 for an alleged false case. The suspension will remain in force until the Supreme Judicial Council (SJC) delivers its verdict.
The requests were presented in an unprecedented development in the IHC, which has sent shock waves through legal fraternity. Judge Jahangiri has been excluded from the judicial list for the next three days, after the decision of the court to prevent judicial duties from the SJC judges in those accusations.
