Islamabad: In line with the decision of the Judicial Commission of Pakistan (JCP), the Ministry of Law and Justice on Wednesday notified the transfer of three judges of the Islamabad High Court (IHC) to different high courts under Article 200 of the Constitution.
According to the notification, the President of Pakistan approved the transfers on the recommendation of the JCP. The law ministry stated that Justice Mohsin Akhtar Kayani has been transferred to the Lahore High Court (LHC), Justice Babar Sattar to the Peshawar High Court (PHC), and Justice Saman Rafat Imtiaz to the Sindh High Court (SHC).
The development comes a day after the JCP approved the transfer of three judges to other high courts under Article 200 of the Constitution. The commission meeting was chaired by Chief Justice of Pakistan Yahya Afridi, who also serves as the JCP chairman. The session was convened by the JCP secretary under powers granted by clause (22) of Article 175A of the Constitution.
The meeting was attended by Justice Aminuddin Khan, Justice Munib Akhtar, Justice Aamer Farooq, Justice Syed Hassan Azhar Rizvi, Law Minister Azam Nazir Tarar, Attorney General Mansoor Usman Awan, Pakistan Bar Council representative Ahsen Bhoon, Farooq H Naek, Ali Zafar, and Gohar Ali Khan.
The JCP also noted that proposals seeking the transfer of Justice Arbab M. Tahir to the Balochistan High Court and Justice Khadim Hussain Soomro to the Sindh High Court were withdrawn by the members who had originally requisitioned them.
The commission further decided by majority that any vacancy created due to the transfer of a judge will be filled through transfer only, and will not be treated as a vacancy for fresh appointment. This was confirmed in an official press release.
Separately, the government defended the JCP’s decision. Minister of State for Law Aqeel Malik said that the commission’s decisions are fully in line with the Constitution and law, adding that no member of the commission is subordinate to another.
He emphasised that the authority to transfer judges lies with the JCP, not the executive, and noted that bar councils had also called for the rotation of judges. Malik further stated that the written position of Justice Babar Sattar had been presented before the commission.
Referring to Articles 200 and 175A, he explained that while the Constitution allows the commission to hear a judge, such a hearing is not mandatory. He added that the JCP comprises seven senior judges, including two chief justices, along with representatives from both the government and the opposition, and that decisions are taken by majority.
Rejecting the perception that judicial transfers are punitive, Malik said the Constitution clearly provides for such measures, stressing that the transfers are aimed at strengthening the federal system.