Islamabad: After Chief Justice of Pakistan Yahya Afridi endorsed the stance of 4 judges regarding seniority, the appointment of Justice Sarfaraz Dogar as Chief Justice of the Islamabad High Court has become uncertain.
According to 5 judges of the Islamabad High Court, after Justice Dogar takes oath as a judge, his seniority should be determined based on the date of oath, therefore, he will be junior to the judges who took oath first in seniority.
Four senior judges of the Supreme Court, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Ayesha Malik and Justice Athar Minallah, have supported the stance of the five judges of the Islamabad High Court regarding seniority in a letter to the Chief Justice.
Speaking to the media, Chief Justice Afridi said that he agrees with the stance of the four senior judges regarding seniority in principle. However, the decision on seniority is to be taken by the Judicial Forum.
According to sources, in the meeting of the Judicial Commission last month, two members, Justice Jamal Mandokhel and Pakistan Bar Council member Akhtar Hussain, had also expressed concern over the seniority of the judges of the Islamabad High Court. They also disagreed with the appointment of Justice Amir Farooq to the Supreme Court.
The 15-member Judicial Commission of Pakistan will decide the next Chief Justice of the Islamabad High Court, for which 8 votes will be required. The government has six votes so far. Even if Justice Aminuddin Khan, who supports every move of the government, endorses the nominated government candidate, one more vote will be required.
Justice Dogar is unlikely to get the vote of Islamabad Bar Council representative Zulfiqar Abbasi. According to a senior lawyer, the government, which brought Justice Dogar to the Islamabad High Court, will try to ensure his appointment as Chief Justice at all costs.
