Pakistan weighs appointing IHC Chief Justice Dogar to special appellate court

Pakistan's federal government is considering the appointment of Justice Sardar Muhammad Sarfraz Dogar, Chief Justice of the Islamabad High Court (IHC), as a judge of the Special Appellate Court under the Prevention of Smuggling Act, 1977.

Sources told Nukta that the Ministry of Law and Justice, on the recommendation of the IHC registrar, has forwarded a summary to the federal cabinet seeking approval for Justice Dogar’s appointment as judge of the special appellate tribunal under Section 46(1) of the Act in addition to his role as IHC chief justice.

The appointment would be effective from the date he assumes charge and would cover the territorial jurisdiction of the Islamabad Capital Territory (ICT).

Justice Dogar’s appointment would replace earlier notifications regarding Justice Tariq Mahmood Jahangiri and Justice Arbab Muhammad Tahir, who were appointed as judges of the Special Appellate Court in March 2021 and May 2022, respectively.

Section 46(1) of the Prevention of Smuggling Act, 1977, empowers the federal government to constitute Special Appellate Courts by notifying appointments in the official Gazette. These courts must be headed by High Court judges, appointed in consultation with the chief justice of the respective high court.

If approved, Justice Dogar’s appointment would supersede the previous appointments, consolidating the Special Appellate Court's jurisdiction under his leadership within the ICT.

Dogar, Mazari feud

Justice Dogar made headlines last week after he clashed verbally with human rights lawyer Imaan Mazari.

Justice Dogar and Advocate Mazari, counsel for activist Dr. Mahrang Baloch, had a heated exchange of words during a hearing on removing Baloch’s name from the Exit Control List.

The exchange began when Justice Dogar remarked, “If I pass an order, Ms. Mazari will go downstairs [in front of the media] and say a dictator is sitting here.”

Mazari denied the allegation, insisting her statements were within the legal framework. She argued that none of her comments fell outside the bounds of law.

The chief justice replied, advising her to “keep your mouth shut and remain within the bounds of respect.”

The chief justice also warned, addressing Hadi Ali Chatha, Mazari’s husband, “Explain to her. The day I catch her, she will find out.”

Mazari replied, “If it has come to a stage where courts threaten lawyers, then go ahead with contempt proceedings.”

A group of prominent female lawyers condemned Justice Dogar for allegedly making threatening and sexist remarks toward a human rights lawyer during a courtroom hearing, raising concerns over judicial conduct and gender bias in the country’s legal system.

Justice Dogar later issued a statement saying that his words had been taken out of context and that he considers Advocate Mazari as his own daughter. Mazari rejected his explanation, saying that she is not his daughter but a professional lawyer.

Earlier this week, Mazari filed a misconduct complaint against Justice Dogar. The complaint was submitted before the court’s workplace harassment committee, and a reference was lodged with the Supreme Judicial Council (SJC).

In her prayer to the IHC’s Inquiry Committee, Mazari urged the issuance of appropriate recommendations against Justice Dogar over his remarks. Separately, she requested the SJC to declare him guilty of misconduct and recommend his removal from office.