ISLAMABAD: The Judicial Commission of Pakistan (JCP), in a meeting chaired by Chief Justice of Pakistan Yahya Afridi, approved the transfer of three Islamabad High Court (IHC) judges to other high courts.
According to a statement issued by the top judicial body on Tuesday, the commission approved the transfer of Justice Mohsin Akhtar Kayani from the IHC to the Lahore High Court, Justice Babar Sattar to the Peshawar High Court, and Justice Saman Rafat Imtiaz to the Sindh High Court, with a majority vote.
The statement said the meetings were convened by the secretary of the JCP under clause (22) of Article 175A of the Constitution, as the chairman of the Commission declined to convene the meeting on a requisition by one-third of the total members, while giving reasons for the decision.
The proposal to convene the meeting originated from IHC Chief Justice Sardar Sarfraz Dogar, who sought deliberation on the matter by the JCP.
The proposal had also sparked debate within judicial circles, as Chief Justice Afridi had last week rejected a request by the IHC chief justice to convene a meeting on the transfer of judges, citing constitutional and institutional concerns.
In a written response, CJP Afridi stated that calling a commission meeting for a specific purpose was not possible. He observed that transferring judges without clear justification would be “tantamount to punishment” and warned that such moves could undermine judicial independence and autonomy.
He further stressed that the Constitution provides a clear mechanism under Article 209 for action against judges, and said that administrative transfers would be inconsistent with constitutional provisions.
The JCP statement also noted that members who had requisitioned meetings for the proposed transfer of Justice Arbab Muhammad Tahir from the IHC to the Balochistan High Court, and Justice Khadim Hussain Soomro from the IHC to the Sindh High Court, withdrew their proposals.
“The commission further decided, by a majority of its total membership, that any vacancy arising as a result of the transfer of a judge from a high court shall be filled through transfer only, and such vacancy shall not, in any manner, be treated as a vacancy for initial appointment,” the handout said.
PTI terms move ‘attack on judiciary’
Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar on Tuesday criticised the transfer of IHC judges, saying the move raised concerns over its impact on judicial independence.
Speaking to the media outside the Supreme Court, he said the transfer of judges was “against the concept of an independent judiciary” and could create divisions within the judicial system.
He argued that all high courts currently have a complete strength of judges, questioning the necessity of such transfers. “The transfer of judges is tantamount to dividing the judiciary,” he said.
He further stated that transferring judges is not the job of any individual, adding that when judges take oath, the Constitution ensures they cannot be transferred without their consent.
“Transferring judges on likes and dislikes without hearing their stance is an attack on the judiciary,” he added.