ISLAMABAD: The Islamabad High Court has undergone a major administrative restructuring, which has notably reduced the authority of senior puisne judge Justice Mohsin Akhtar Kayani — who previously held key decision-making roles — following recent amendments to the high court rules.
The changes followed the transfer of three judges from different high courts to the IHC and the subsequent reconstitution of the Administration Committee.
Justice Sardar Mohammad Sarfraz Dogar was appointed IHC’s acting chief justice, leading to a reshuffle within the court’s administrative framework. The move triggered objections from senior judges, who argue that it undermines judicial seniority and due process.
The IHC Administration Committee, previously comprising the chief justice, the senior puisne judge and a senior judge, has now been restructured to include Chief Justice Dogar and two of his nominees. This reconstitution significantly alters the court’s decision-making authority.
Amendments to rules grant CJ discretion in committee appointments
The changes were formalised through amendments to Rule 237, Chapter 10 of the High Court Rules. The revised provision now states: “The Administration Committee, headed by the Chief Justice, ordinarily shall consist of three judges. However, the Chief Justice, if deemed appropriate, may nominate more members of the Committee.”
Additionally, Rule 239 now reads: “Each member of the Administration Committee shall act as an Administration Judge, and the powers and duties of each Administration Judge shall be defined by the Chief Justice from time to time.”
Previously, the senior puisne judge automatically held the position of Administration Judge, granting them substantial authority over court affairs. However, under the new rules, the chief justice has discretionary power to assign administrative duties, significantly limiting Justice Kayani’s role.
Justice Kayani, who became the senior puisne judge on Nov 11, 2022, after Justice Aamer Farooq’s elevation as IHC chief justice, was regarded as one of the most influential judges in the court. As a member of the Administration Committee, the Departmental Promotion Committee (DPC) and the Inspection Judge of the lower judiciary, he wielded broad administrative powers.
He was also responsible for assigning cases to benches in the chief justice’s absence, making him a key figure in the IHC’s judicial operations. However, the recent rule amendments have removed him from these roles, rendering his position largely ceremonial.
Furthermore, the IHC administration has excluded Justice Kayani from the DPC, further restricting his influence in judicial matters.
The reshuffle has sparked significant controversy within the IHC, with Justice Babar Sattar leading the opposition against the changes. Justice Sattar, along with four other IHC judges, has raised serious concerns regarding the exclusion of senior judges from key administrative committees, transfer of judges from other high courts into IHC’s decision-making bodies, and changes in judicial seniority rankings.
Justice Sattar formally wrote to the acting chief justice, expressing his reservations over the revised seniority list issued on Feb 3, 2025, and questioning the legality of Justice Khadim Hussain Soomro’s inclusion in the Administration Committee.
Justice Soomro, who was transferred from the Sindh High Court, is ranked ninth in the IHC seniority list. Justice Sattar argue that under Rule 2 of the High Court Rules, only the two most senior judges should be included in the Administration Committee and that the chief justice did not have the discretion to bypass this provision.
Published in Dawn, February 18th, 2025
