ISLAMABAD: The Lahore High Court Bar Association (LHCBA) on Thursday approached the Supreme Court, challenging the transfer of three judges from the Islamabad High Court (IHC). The petition was filed under Article 183(3) of the Constitution through senior lawyer Hamid Khan.
In its plea, the bar association argued that the transfers violate Article 2A of the Constitution and were carried out without transparency. It pointed out that no reasons were given for moving the judges, raising serious questions about the legality and fairness of the entire process.
The petition named the federal government and the Judicial Commission of Pakistan (JCP) as respondents. It maintained that transferring three IHC judges to different high courts is unconstitutional and does not meet the standards set by the Constitution, adding that such actions undermine established judicial norms.
The LHCBA also challenged certain provisions introduced through the 27th Constitutional Amendment. It argued that the abolition of Article 184(3) and changes to Article 175(2) are unconstitutional. The petition further stated that the Supreme Court’s authority cannot be shifted to a federal constitutional court, as such a move would go against the existing constitutional framework.
According to the application, the transfers were carried out following amendments to Article 200 under the same 27th Amendment. It also contended that the federal constitutional court created through the amendment cannot hear this case, as its jurisdiction remains disputed.
The development comes after the Judicial Commission of Pakistan approved the transfer of three IHC judges by a majority vote in a meeting chaired by Chief Justice of Pakistan Yahya Afridi.
Under the decision, Justice Mohsin Akhtar Kayani was transferred to the Lahore High Court, Justice Babar Sattar to the Peshawar High Court, and Justice Saman Rafat Imtiaz to the Sindh High Court. The proposal for these transfers was initiated by IHC Chief Justice Sardar Sarfraz Dogar, who had requested the commission to convene a meeting to consider the matter.
The issue had already sparked debate within legal circles. In a written response to the IHC chief justice, Chief Justice Afridi had noted that calling a commission meeting for a specific purpose was not feasible due to constitutional and institutional concerns. He had also cautioned that transferring judges without clear justification could be seen as a form of punishment and might undermine judicial independence and autonomy.
The chief justice further emphasised that the Constitution provides a clear procedure under Article 209 for taking action against judges. He warned that administrative transfers without proper grounds could be inconsistent with constitutional principles.
The JCP also revealed that proposals to transfer Justice Arbab M. Tahir from the IHC to the Balochistan High Court and Justice Khadim Hussain Soomro to the Sindh High Court were withdrawn by the members who had initially requested those meetings.
Following the commission’s decision, the Ministry of Law and Justice issued a notification confirming that the president had approved the transfers on the JCP’s recommendation under Article 200 of the Constitution. The notification formally implemented the transfer of the three judges to their respective high courts.