President Asif Ali Zardari appointed Judge Sarfraz to give the highest judge of the Superior Court of Islamabad (IHC), after a determination of judicial seniority.
The announcement, made through an official notification on Sunday, also confirmed the permanent transfer of three judges of other courts higher than the IHC.
Five IHC Judges SC Ruling Challenge
Previously, five IHC judges questioned the order of the Supreme Court that supported the transfer of three judges to the IHC. They also asked the Apex court to restrict the three transferred judges, including the president of Justice Sarfraz Dogar, to perform any judicial or administrative functions as IHC judges.
The judges, including Judge Mohsin Akhtar Kayani, Judge Tariq Mehmood Jahangiri, Judge Babar Sattar, Judge Sardar Ijaz Ishaq Khan and Judge Saman Rafat Imtiaz, have filed an intra-court appeal (Ica) against the order through the lawyers of Muneer to Malik and the lawyer of the court of the court.
On June 19, the Constitutional Bank of the Supreme Court announced its verdict, declaring that its transfers were not unconstitutional.
The decision also sent the matter of judicial antiquity to the president of Pakistan.
In February, Judge Sardar Mohammad Sarfraz Dogar of the Superior Court of Lahore (LHC), Judge Khadim Hussain Soomro of the Superior Court of Sindh (SHC) and Judge Muhammad Asif of the Superior Court of Baluchistan (BHC) were transferred to the IHC.
The controversy revolves around the changes made to the list of seniority of the judges after these transfers, and Justice Dogar is appointed as the senior judge of Puisne. This movement cleared the way for appointment as president of the interim IHC after Judge Aamer Faooq rose to the Supreme Court.
In their ICA, the five judges also asked the Superior Court to restrict three transfer judges, including Judge Sarfraz Dogar, to perform any judicial and administrative function as judges of IHC.
In their request, the judges have sought an immediate suspension of the June 19 decision of the Supreme Court until their Ica is heard.
In addition, they transferred the Superior Court to impose an order of suspension on the determination of the antiquity of the judges transferred to the IHC, preventing Pakistan from making any decision in this regard.
