ISLAMABAD: Following President Asif Ali Zardari’s approval, the Ministry of Law and Justice has officially notified the elevation of six judges to the Supreme Court (SC) from various high courts.
The notification confirmed the appointments of Balochistan High Court (BHC) Chief Justice Muhammad Hashim Khan Kakar, Sindh High Court (SHC) Chief Justice Muhammad Shafi Siddiqui, SHC senior puisne judge Salahuddin Panhwar, Peshawar High Court (PHC) judge Shakeel Ahmad, Islamabad High Court (IHC) Chief Justice Aamer Farooq, and PHC Chief Justice Ishtiaq Ibrahim as judges of the apex court.
Judicial Commission Approval and Controversy
The Judicial Commission of Pakistan (JCP) approved the elevation of these judges earlier this week in a meeting that sparked significant controversy. The session was boycotted by PTI representatives Barrister Gohar Ali Khan and Senator Ali Zafar, along with Supreme Court judges Justice Mansoor Ali Shah and Justice Munib Akhtar. PTI’s leadership argued that the meeting should have been postponed until the cases challenging the 26th Constitutional Amendment were resolved.
Further contention arose as four SC judges—Justice Shah, Justice Akhtar, Justice Ayesha A. Malik, and Justice Athar Minallah—wrote a letter to Chief Justice of Pakistan (CJP) Yahya Afridi, requesting a delay in the JCP meeting until the amendment challenge was decided. Separately, Senator Zafar also called for the deferment of the session, citing unresolved concerns about the seniority of IHC judges.
Additional Notifications
In addition to notifying the elevation of six SC judges, the government also issued the following key appointments:
- IHC Justice Miangul Hassan Aurangzeb was appointed as an acting SC judge based on the JCP’s earlier decision.
- Justice Sarfraz Dogar, transferred from the Lahore High Court (LHC), has been notified as the acting Chief Justice of the IHC. His tenure will last until the appointment of a permanent chief justice. However, Justice Dogar’s transfer and subsequent placement in the IHC seniority list sparked controversy. Seven IHC judges—Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, Justice Saman Rafat Imtiaz, and Justice Miangul Hassan Aurangzeb—submitted a letter raising concerns over this decision.
- BHC senior puisne judge Muhammad Ejaz Swati was appointed as the acting Chief Justice of the BHC until the appointment of a regular chief justice.
- SHC judge Junaid Ghaffar was named as the acting Chief Justice of the SHC with effect from the date he assumes office, pending the appointment of a permanent chief justice.
- PHC judge SM Attique Shah was notified as the acting Chief Justice of the PHC until a regular chief justice is appointed.
Ongoing Concerns
Several senior judges from the IHC—including Justice Kayani, Justice Jahangiri, and others—submitted a formal representation to former IHC Chief Justice Aamer Farooq, highlighting their concerns regarding the seniority issue stemming from Justice Dogar’s transfer. This issue has further complicated the transition of leadership in the IHC.
Amid these developments, the Ministry of Law and Justice continues to finalize notifications and address lingering controversies surrounding judicial appointments and seniority disputes.
