September 23, 2025

In an unprecedented legal maneuver, five justices from the Islamabad High Court (IHC) have taken the extraordinary step of petitioning the Supreme Court of Pakistan. The judges are contesting the administrative practices of their Chief Justice, Sardar Muhammad Sarfraz Dogar. This bold move underscores a serious judicial crisis involving questions of constitutional limits and judicial independence.
The judges, Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, and Saman Rafat Imtiaz, argue that the Chief Justice’s actions, notably in forming benches and transferring cases, have overstepped constitutional boundaries. They claim these practices not only undermine their judicial authority but also compromise the rights of the litigants.
Adding to the complexity, Justice Tariq Mehmood Jahangiri has filed a separate appeal against an order that barred him from his judicial duties amid allegations regarding the legitimacy of his law degree from Karachi University. He asserts that this temporary suspension effectively amounts to an unlawful removal from office, citing the landmark 2010 Supreme Court judgment in Pakistan Legal Decisions.
The petitions highlight a broader issue of legality concerning the IHC’s internal operations, challenging recent practice and procedure rules as well as the appointment of committee members who are seen as improperly constituted. The situation has been further aggravated by past accusations from these judges against military interference in judicial matters, which they say has led to a "takeover" of the IHC, marked by rapid transfers and arbitrary reassignments by the Chief Justice.
These developments pose critical questions about the future handling of the petitions. Will they be expediently heard or sidelined, and by whom? The outcome is crucial not just for the petitioning judges but for the entire judicial landscape of Pakistan.
At its core, this is a test of the judiciary's willingness to uphold its independence against perceived executive overreach. The Supreme Court’s response could either reinforce judicial autonomy or signal a troubling acquiescence to external pressures, thereby impacting public trust in an already fragile judicial system.
The call from the petitioning judges is clear: The Supreme Court must affirm that administrative powers do not override constitutional authority and that judicial independence is sacrosanct. The coming days will reveal whether the judiciary can navigate this internal turmoil and restore its credibility, or if it will succumb to the very pressures it is meant to resist.