ISLAMABAD: Justice Babar Sattar of the Islamabad High Court (IHC) challenged the legality of the official seniority list and raised questions over the reconstitution of top decision-making committees.

In a letter written to the IHC chief justice, the judge expressed serious reservations over the legality of the seniority list issued on Feb 3, as well as the inclusion of transferred judges in administrative and departmental promotion committees.

The letter raised constitutionalquestionsregardingthe appointment of Justices Sardar Muhammad Sarfraz Dogar, Khadim Hussain Soomro and Muhammad Asif, who were transferred from the Lahore,SindhandBalochistan high courts, respectively.

His primary contention revolved around Article 194 of the Constitution, which mandatedthatjudgestake an oath before assuming office in a particular high court.

Justice Sattar argued that the transferred judges havenot yet taken the prescribed oath as judges of the IHC, making their exercise of judicial and administrative powers legally questionable.

`It is under your watch that Justices Dogar, Soomro, and Asif have begun holding court and exercising powers as judges of the Islamabad High Court since February 3, 2025, in breach of the requirements of Article 194 of the Constitution,` the judge statedin the letter.

The dispute has intensified with the reconstitution of the Administration Committee, which now includes Justices Dogar and Soomro. The letter pointed out that even if the constitutional requirement of taking an oath was overlooked, Justice Soomro, being lower in seniority, does not qualify as one of the two senior judges required for appointment to the committee.

Justice Sattar wrote that public functionaries must act in a just, fair and reasonable manner while taking into account relevant considerations.

`You will agree that while exercising discretionary authority, judges are equally bound by the principles regulating the exercise of discretionary powers that we enforce in relation to executive action,` he added.