Justice Syed Mansoor Ali Shah has raised serious constitutional concerns regarding the IHC judges’ seniority notification issued by the president without consulting top judicial figures. The concerns were shared in a letter to the Judicial Commission of Pakistan (JCP) secretary just a day before the JCP approved Justice Sardar Sarfraz Dogar’s nomination as Islamabad High Court (IHC) Chief Justice by a narrow margin.
Lack of Consultation Questioned
Justice Shah criticized the presidential notification dated June 27, which determined the seniority of IHC judges. He asserted that the action appeared to bypass Article 200 of the Constitution, which requires consultation with the Chief Justice of Pakistan and the chief justices of relevant high courts.
He argued that this consultation is not optional but a binding constitutional requirement. Bypassing it could render the notification legally invalid, he added.
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Concerns Over Transparency
Justice Shah pointed out that the decision seemed rushed and lacked transparency. He emphasized that even when the Supreme Court directs the president to act, such actions must remain within constitutional limits. He warned that the notification’s haste may undermine foundational principles like the rule of law and judicial independence.
Transfer vs. Relocation
He also questioned the legal basis for treating a judge’s transfer as a permanent relocation, especially when Article 200 only allows for temporary transfers. Fixing seniority based on such transfers, he said, may raise significant constitutional challenges.
Request for Delay in Appointment
In light of these issues, Justice Shah urged the JCP to delay the appointment of the new IHC Chief Justice until the Supreme Court resolves the pending constitutional questions. He called for institutional caution, suggesting that premature action might damage the credibility of the judiciary.
JCP Vote and Appeal Status
Despite Chief Justice Yahya Afridi’s push for Justice Mian Gul Hassan, the JCP approved Justice Dogar’s nomination. Justice Aminuddin Khan voted in favor, while Justice Jamal Khan Mandokhail abstained. A pending intra-court appeal filed by five IHC judges adds further complexity, with the constitutional bench yet to be finalized.
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