The controversy began in February following the transfer of three high court judges to the IHC.
By: Malik Asad
• Meeting on judges’ elevation rescheduled to April 11 due to unavailability of certain members
• Appointment of IHC top judge in focus amid unresolved seniority dispute
AS the Judicial Commission of Pakistan (JCP) prepares to convene to deliberate on nominees for the positions of chief justice in four high courts, pending petitions filed by five Islamabad High Court (IHC) judges and the Islamabad High Court Bar Association (IHCBA) will hang over these proceedings.
The JCP meeting, originally scheduled for April 8, has now been rescheduled for April 11.
A JCP member told Dawn that the postponement was due to the unavailability of Senator Farooq H. Naek, who is attending the 150th Assembly of the International Parliamentary Union from April 5-9.
Sources said that besides Senator Naek, some other members were also unavailable for the April 8 meeting, leading to its rescheduling.
Legal experts believe that while the petitions filed by IHC judges do not directly impact the upcoming JCP meeting, the issue of “inter se seniority” among judges — the relative seniority or ranking of individuals within the same category, group or service —must be decided once and for all.
Former Pakistan Bar Council (PBC) Vice Chairman and JCP member Senator Farooq H. Naek said that the judicial seniority issue must be settled to avoid such disagreements among judges in the future.
However, he clarified that the pending petitions would not affect the JCP’s discussions, as the five judges who challenged their lowered seniority did not seek relief from the commission or make it a party in their petition.
Senator Naek said the JCP might respond to the issue if a member raises a query about it during the upcoming session.
The JCP meeting is also expected to consider the elevation of two judges from the Lahore High Court to the Supreme Court, as well as the appointment of regular judges in four high courts (except the LHC).
Origins of seniority dispute
The controversy began in February following the transfer of three high court judges to the IHC — Justice Sardar Mohammad Sarfraz Dogar from the Lahore High Court (LHC), Justice Khadim Hussain Soomro from the Sindh High Court (SHC), and Justice Mohammad Asif from the Balochistan High Court (BHC).
Justice Dogar was appointed to the LHC on June 8, 2015, whereas the senior-most judge among the five petitioners, Justice Mohsin Akhtar Kayani, was appointed to the IHC on Dec 23, 2015.
Under the new JCP rules, the top three nominees for IHC chief justice would be Justice Dogar, Justice Kayani and Justice Miangul Hassan Aurangzeb. Since Justice Aurangzeb is currently an acting Supreme Court judge, he is not a party to the seniority dispute.
IHC judges Justice Kayani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan and Justice Saman Rafat Imtiaz have filed a petition in the Supreme Court, contesting the transfer of the three judges to the IHC and its impact on judicial seniority…
Source: dawn.com/news
Tuesday, April 21, 2026
