The federal government has requested the Supreme Court to dismiss petitions challenging the transfer of three judges from other high courts to the Islamabad High Court (IHC) and the subsequent changes in the IHC seniority list.
In February, Justice Sardar Mohammad Sarfraz Dogar (LHC), Justice Khadim Hussain Soomro (SHC), and Justice Muhammad Asif (BHC) were transferred to the IHC. The controversy began when Justice Dogar was elevated as the senior puisne judge, qualifying him to become acting IHC chief justice after Justice Aamer Farooq’s elevation to the Supreme Court.
Petitioners, including five IHC judges, argued that the transferred judges should have taken a fresh oath under Article 194 of the Constitution, and without it, they could not be considered part of the IHC.
In response, the Islamabad additional attorney general, on behalf of the federal government, claimed the transfers were constitutional under Article 200(1), which does not require a fresh oath. The response emphasized that the transfers were meant to enhance transparency and had no impact on judicial independence.
The Islamabad High Court Bar Association (IHCBA) also withdrew its petition, stating that the matter is constitutional and should be resolved through constitutional mechanisms.
