Justice Mohsin Akhtar Kayani to challenge President’s decision on IHC judges’ seniority

F.P. Report

ISLAMABAD: A fresh legal confrontation is brewing within Pakistan’s judiciary as Justice Mohsin Akhtar Kayani is set to challenge President Asif Ali Zardari’s decision regarding the seniority of Islamabad High Court (IHC) judges, highly placed sources revealed on Wednesday.

According to insiders, Justice Kayani has decided to contest the President’s declaration which recognised Justice Sarfaraz Dogar as the senior-most judge of the IHC. Legal experts are currently finalising the appeal, which is expected to be filed in the coming days once consultations are complete.

The controversy stems from an earlier verdict by a five-member constitutional bench of the Supreme Court, which upheld the constitutionality of judges’ transfers. However, the bench referred the sensitive matter of determining seniority back to the President for resolution.

Following the Supreme Court’s guidance, President Zardari issued a decision naming Justice Sarfaraz Dogar as the senior-most judge of the IHC, a move that contradicted his earlier stance where he had reportedly considered Justice Kayani for that role.

Now, in response to the President’s latest decision, Justice Kayani is gearing up to challenge the verdict, indicating growing discontent within the judicial ranks. In a related move, five judges of the Islamabad High Court have already filed an intra-court appeal challenging the Supreme Court’s ruling on the constitutional validity of judicial transfers.