ISLAMABAD (PEN) : Senior Supreme Court judge Justice Mansoor Ali Shah has raised constitutional concerns over the recent finalization of the seniority list of Islamabad High Court (IHC) judges, citing a lack of mandatory consultation with the Chief Justice of Pakistan.
Letter to Judicial Commission Flags Constitutional Breach
In a letter addressed to the Secretary of the Judicial Commission, Justice Shah expressed reservations about President Asif Ali Zardari’s decision to issue the seniority order without prior consultation with the Chief Justice — a requirement outlined under Article 200 of the Constitution.
“Under Article 200 of the Constitution, the President is bound to consult the Chief Justice before determining judges’ seniority,” the letter noted. Justice Shah highlighted that the issue was further complicated by the existence of an intra-court appeal that remains pending, emphasizing the importance of following due legal process.
The letter was reportedly written ahead of the Judicial Commission’s meeting scheduled for Monday.
Seniority List Issued Amid Legal Ambiguity
Despite ongoing legal challenges, President Zardari issued the seniority order for IHC judges on June 29, reportedly in line with a prior Supreme Court ruling.
According to the official notification:
Justice Sarfraz Dogar was designated the most senior judge of the IHC,
followed by Justice Mohsin Akhtar Kayani,
Justice Miangul Hassan Aurangzeb,
Justice Tariq Mehmood Jahangiri,
Justice Babar Sattar,
Justice Sardar Ejaz Ishaq Khan,
Justice Arbab Muhammad Tahir,
Justice Saman Rafat Imtiaz,
and Justice Khadim Hussain M. Shaikh in descending order.
Debate Over Judicial Independence Rekindled
Justice Shah’s intervention has reignited the debate on the constitutional procedures governing judicial appointments and seniority. Legal experts suggest that bypassing consultation may set a precedent impacting the independence and integrity of judicial processes.
The Supreme Court has not yet commented on the letter or whether the matter will be formally reviewed by the Judicial Commission.
