Islamabad: Justice Sarfaraz Dogar will take oath as the Acting Chief Justice of the Islamabad High Court today. The oath-taking ceremony will be held at the President’s Office. President Asif Ali Zardari will take the oath from Justice Sarfaraz Dogar.
The Acting Chief Justice will take the oath after the oath-taking of the Supreme Court judges. Under Article 194, earlier the President used to take the oath only of the Chief Justice, but after the 26th Amendment, now the President will take the oath of the Chief Justice of Pakistan and the Chief Justice of the Islamabad High Court, while the Chief Justice of other High Courts will be taken by the Governor.
Attorney General Mansoor Usman Awan’s position on the issue of seniority of Acting Chief Justice of the Islamabad High Court Sarfaraz Dogar turned out to be opposite to that of the Chief Justice of Pakistan, the Attorney General’s position adopted in the Judicial Commission has come to light.
Attorney General Mansoor Usman Awan said in writing that he did not agree with the reservations of Chairman Judicial Commission Chief Justice of Pakistan Yahya Afridi, the transfer of a judge from the High Court is not temporary, the transfer was done in the public interest, for which the President and the concerned Chief Justice of the High Court were consulted.
Justice Sarfaraz Dogar was asked to express his consent in the public interest, the judge consented to the transfer in the public interest and not for personal interest, Justice Sarfaraz Dogar’s seniority cannot be made the lowest.
The rules of civil servant employees related to seniority cannot be applied to judges, judges of the higher judiciary are not civil servants, the Constitution of Pakistan has set separate terms and conditions for them.