Senior Supreme Court judge Justice Mansoor Ali Shah has questioned the process of determining the seniority of Islamabad High Court judges, raising concerns over the lack of consultation.
In a letter addressed to the Judicial Commission’s Secretary, Justice Shah expressed his reservations, stating that President Asif Ali Zardari finalized the seniority list without due consultation with the Chief Justice of Pakistan, which he deemed a constitutional requirement.
The letter, reportedly written before the commission’s meeting on Monday, emphasized that under Article 200 of the Constitution, the President is bound to consult the Chief Justice before determining judges' seniority. Justice Shah further noted that an intra-court appeal regarding the matter is still pending, making consultation essential.
On June 29, President Zardari, in line with a Supreme Court decision, finalized the seniority order of Islamabad High Court judges.
According to the official notification, Justice Sarfraz Dogar has been designated as the most senior judge of the Islamabad High Court, followed by Justice Mohsin Akhtar Kayani and Justice Miangul Hassan Aurangzeb.
The list further places Justice Tariq Mehmood Jahangiri fourth, Justice Babar Sattar fifth, Justice Sardar Ejaz Ishaq Khan sixth, and Justice Arbab Muhammad Tahir seventh. Justice Saman Rafat Imtiaz and Justice Khadim Hussain M. Shaikh are listed as eighth and ninth, respectively.
Justice Shah’s letter has sparked a fresh debate over constitutional procedures and the proper consultation process in judicial appointments and seniority decisions.
