ISLAMABAD: The chief justices of Islamabad, Sindh, Balochistan and Peshawar high courts are likely to take oath next week.
However, formal notifications of their appointments are yet to be issued.
The Judicial Commission of Pakistan (JCP) on July 1 approved the appointment of Justice Sardar Mohammad Sarfraz Dogar as the chief justice (CJ) of
Islamabad High Court, Justice Mohammad Junaid Ghaffar as CJ of Sindh High Court, Justice Rozi Khan Barrech as CJ of Balochistan High Court and Justice S. M. Attique Shah as the CJ of Peshawar High Court.
It was expected that the oath taking ceremony would be held in a couple of days as the JCP had informed the principal secretary to the prime minister about the appointments the same day.
However, since the president was not in the federal capital, the notifications for the appointment of the CJs could not be issued.
Sources said the notifications were expected on Monday, and the CJs may take oath the following day.
President Asif Ali Zardari would administer oath to Justice Dogar at the Presidency while CJs of the other high courts would take oath from the respective governors.
President Zardari formally declared Justice Dogar the “senior-most judge” following the issuance of a revised seniority list by the Ministry of Law.
Justice Dogar was transferred to the IHC from Lahore High Court under Article 200(1) of the Constitution on Feb 1. The seniority list of IHC judges was revised following the Supreme Court’s verdict on June 19, declaring the transfer of IHC judges constitutional and referring the matter of the seniority determination to the president.
Five judges of the IHC however challenged the SC’s decision to uphold the transfer of Justice Sardar Dogar from LHC, Justice Khadim Hussain Soomro from SHC and Justice Mohammad Asif from BHC.
President Zardari also declared that the status of the transfer of all three judges would be permanent.
The controversy had begun on Feb 20 when five IHC judges – Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan and Saman Rafat Imtiaz had filed a representation, contending that under the Constitution, a high court judge must take a new oath upon transfer to a different high court, which should affect their seniority ranking.
According to the petition, the seniority of the transferred judges should be determined from the date they took oath as justices of the IHC.
Consequently, they should be placed lower in the seniority list than the petitioner judges.
It may be mentioned that the five judges also did not attend Justice Dogar’s oath-taking ceremony as the acting IHC chief justice.
