ISLAMABAD, May 28, 2025 – Oath requirement: Attorney General for Pakistan (AGP) Mansoor Usman Awan informed the Supreme Court’s constitutional bench on Tuesday that the law secretary issued a notification to clarify that judges transferred to the Islamabad High Court (IHC) did not need to retake the oath, aiming to remove ambiguity surrounding judges’ seniority.
Law Secretary Clarified Oath Issue to Remove Confusion
Justice Shakeel Ahmed asked whether the law secretary had the authority to declare that the transferred judges did not require a fresh oath. AGP Awan responded that the notification only cleared up confusion and did not override constitutional provisions. He further stated that the chief justices and registrars of the four high courts did not raise any objections to the transfer of judges.
Attorney General for Pakistan (AGP) Awan also emphasized that then-IHC Chief Justice Aamir Farooq acted independently in determining the seniority of the transferred judges after they submitted formal representations. Justice Muhammad Ali Mazhar observed that the petitioner judges’ counsel had failed to present this information to the court.
Supreme Court Critically Examines Transfer Procedures
Justice Salahuddin Panwhar pointed out that no one had formally sought the opinion of the IHC chief justice regarding the seniority issue. Meanwhile, Justice Naeem Akhtar Afghan requested the minutes from the Judicial Commission of Pakistan (JCP) meeting held on February 10.
Attorney General for Pakistan (AGP) Awan explained that the JCP appointed two additional judges to the IHC in its January 17 meeting. Later, in the February 10 session, the commission elevated Chief Justice Aamir Farooq to the Supreme Court.
Justice Afghan further inquired whether Acting IHC Chief Justice Sardar Sarfaraz Dogar had been under consideration for elevation. Attorney General for Pakistan (AGP) Awan confirmed that the JCP included Dogar’s name in the list of potential candidates.
AGP Requests Rejection of Petitions Challenging Transfers
AGP Awan urged the court to dismiss the petitions filed by the PTI founder and others, calling them inadmissible. However, the Advocate General of Khyber Pakhtunkhwa supported the petitioners’ arguments and aligned himself with their legal team.
The AGP stressed that Article 200 of the Constitution governs the process of judge transfers and cannot be overridden. He pointed out that even after the 18th Constitutional Amendment, lawmakers chose not to alter Article 200. Therefore, according to him, assigning a fixed term to transferred judges would effectively add new language to the Constitution — an act he deemed unconstitutional.
He concluded by explaining that the judiciary only transfers judges temporarily when the sanctioned number of permanent judges is already filled. As the hearing continued, the bench examined the legal framework and procedures tied to the critical issue of judges’ seniority within the IHC.
