Islamabad: The President of the Superior Court of Islamabad (IHC), Judge Sardar Mohammad Sarfraz Dogar, lent oath at a ceremony boycotted by his fellow judges on Friday.
The law agencies of the Federal Capital also “rejected” the appointment of Justice Dogar as the president of the Interim Supreme Court.
President Asif Ali Zardari administered oath to justice to give the presidency.
All IHC judges were invited, but five of them, Judges Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan and Saman Rafat Imtiaz, did not attend the ceremony.
Interestingly, Judge Kayani attended the oath ceremony of the new judges of the Supreme Court held the same day in the building of the Court superior to a few blocks from the presidency.
Capital lawyers oppose the ‘promotion’ of Judge Dogar, say he is not an IHC judge
When a journalist asked Judge Kayani if he would attend the oath ceremony of his acting justice president, he replied: “I am comfortable here.”
Judge Jahangiri, who also opted for the oath taking ceremony, then attended an event organized by the Bar Association of the Superior Court of Islamabad (IHCBA) to distribute certificates among lawyers.
As a senior judge of Puisne of the IHC, Judge Kayani was online to become the president of the Supreme Court after the elevation of Judge Aamer Faooq to the Supreme Court.
However, the transfer of the judge to tell the Superior Court of Lahore rejigated the seniority list of the court, since it became the judge of Puisne, pushing Judge Kayani to no 3.
Judge Kayani also lost his position in the Departmental Promotion Committee of the Court and the Administration Committee and was eliminated as Special Court Inspection Judge.
On Tuesday, these judges sent a representation to the President of the Supreme Court of the IHC and the CJP Afridi not to place them in the antiquity list.
A central concern raised by the judges was that it would be required for a transferred judge to provide a new oath under article 194, which would place them in the lower part of the seniority list within the IHC.
Judge Kayani was one of the five IHC judges who opposed the new seniority list and filed a complaint with the president of the Supreme Court of Pakistan Yahya Afridi and then the president of the Supreme Court of IHC Aamer Faooq.
They affirmed that a transferred judge has to take an oath in article 194, which would place them at the bottom of the seniority list.
The representation was rejected by Judge Farooq, keeping the new seniority list intact.
Lawyers reject the appointment
Islamabad’s lawyers have rejected Justice’s appointment and warned that initiating a movement against the government for “installing elected judges.”
IHCBA representatives, the Islamabad Bar Association (IBC) and the Islamabad District Bar Association (DBAI) described the “an intrusion” appointment.
In the IHCBA event, Judge Jahangiri emphasized the importance of hard work and success based on merit in the legal profession.
He said he has never sought recommendations for any position.
The judge shared his personal trip in the field of law, underlining the need for dedication and professionalism.
He commented that he began practicing laws from scratch and gradually progressed to become a judge of the Superior Court through “legal dedication and insight.”
He advised the young lawyers to work hard and prepare their cases thoroughly to ensure that they present their arguments effectively in the courts.
The IBC member, Raja Aleem Abbasi, also addressed the meeting and expressed his opposition to the transfer of Justice Dogar.
He said that the five judges who opposed the transfer were “on the right side of history.”
He criticized the 26th constitutional amendment, stating that “it was manipulated by interest created” and predicted that the largest bank of the Supreme Court would review it in the future.
Abbasi pointed out that lawyers have boycuted the oath taking ceremony of the new Judges of the Supreme Court as a protest mark.
The president of IHCBA, Riasat Ali Azad, said the judge to give “was not an IHC judge”, since he was transferred from the LHC and provided his service in the delegation.
He said that the appointment of Justice Dogar “not only disturbed the age of IHC judges, but also usurped the rights of 15 high -level judges.”
According to him, the interim CJ has been “installed under a plan” to block the promotion of Judge Kayani.
While talking with SunriseAzad said lawyers would begin a movement similar to that which defeated the president of the Supreme Court Abdul Hameed Dogar.
The former CJP provided oath as the main judge under the provisional constitutional order issued after the then President Gen Pervez Musharraf proclaimed the emergency state in 2007.
Posted in Dawn, February 15, 2025
