ISLAMABAD:Despite the Judicial Commission of Pakistan (JCP) approving, by a slim margin of one vote, the nomination of Justice Sardar Sarfraz Dogar as the Islamabad High Court’s (IHC) chief justice, Justice Syed Mansoor Ali Shah has raised serious constitutional concerns regarding the president’s determination of judges’ seniority at the IHC.
Sources reveal that one day before the JCP meeting, Justice Shah addressed a letter to the commission secretary, expressing his reservations over a presidential notification dated June 27, which fixed the seniority of IHC judges.
In the letter, Justice Shah noted: “With due deference, it appears that this action was taken without the constitutionally mandated consultation with the Hon’ble Chief Justice of Pakistan and the two respective Chief Justices of the High Courts under Article 200 of the Constitution.”
He said that in his view, the requirement of consultation was a binding constitutional mandate and was not a matter of executive discretion that could be conveniently sidelined.The unilateral determination made without such consultation may lack legal validity, he pointed out.
He added that while the Supreme Court had directed the president to decide on the seniority of transferred judges, such compliance must still operate within constitutional boundaries.
“The presidential action in question appears to have been taken in undue haste, which raises concerns about the transparency and propriety of the processconcerns that may merit constitutional scrutiny,” he cautioned.
Justice Shah further pointed out that Article 200 of the Constitution contemplates the temporary transfer of judges, not permanent relocation.
“Treating such a transfer as permanent — and accordingly fixing seniority on that basis — could raise serious constitutional questions, particularly where the foundational procedural safeguards appear to have been bypassed.”
Calling for institutional caution, Justice Shah stressed that the matters raised in his letter warranted careful reflection before any further steps were taken.
“I wish to emphasise that these are preliminary concerns, and I remain fully respectful of the judicial process and the ultimate authority of the Supreme Court of Pakistan to conclusively settle these matters,” he stated.
He urged the JCP to delay its decision regarding the appointment of the IHC Chief Justice until the Supreme Court resolves the underlying constitutional issues.”Proceeding further at this stage may risk unsettling foundational constitutional principles, including the rule of law, separation of powers, and judicial independence,” he warned.
