On June 19, 2025, Pakistan’s Supreme Court Constitutional Bench, led by Justice Muhammad Ali Mazhar, delivered a 3-2 verdict that upheld the transfers of judges from the Islamabad High Court (IHC). The court declared these transfers constitutional under Article 200. The ruling regarding the IHC judges’ transfers addressed petitions that challenged changes in seniority and partially remanded the issue back to the President.
The bench, consisting of Justices Naeem Akhtar Afghan, Shahid Bilal Hassan, Salahuddin Panhwar, and Shakeel Ahmed, ruled that transfers made by the President under Article 200 are not considered new appointments. The court established a “four-tier formula” that requires the consent of the judges involved and consultation with the Chief Justice of Pakistan, as well as the chief justices of both high courts. Justices Afghan and Ahmed dissented from this ruling. The court has remanded the issue of seniority back to the President to review service records and clarify whether the postings are permanent or temporary.
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In February 2025, Justices Sardar Mohammad Sarfraz Dogar (LHC), Khadim Hussain Soomro (SHC), and Muhammad Asif (BHC) were transferred to the Islamabad High Court (IHC). Justice Dogar was appointed as the senior puisne judge, which allowed him to serve as the acting chief justice of the IHC following Justice Aamer Farooq’s elevation to the Supreme Court. Subsequently, petitions were filed by five IHC judges, along with the Karachi Bar Association and the IHC Bar Association, challenging the changes to the seniority list.
The court stated that transfers are a judicial function, not an executive one, and that seniority terms must be clearly specified in transfer notifications, according to Business Recorder. Justice Dogar will continue as acting IHC chief until the President addresses the seniority and posting status.
