ISLAMABAD: Proposed transfer of five judges from the Islamabad High Court (IHC) has taken a new dimension, as sources revealed that the plan under consideration includes posting the transferred judges to regional benches of the respective high courts rather than their principal seats.
According to informed sources, five IHC judges being considered for transfer may be assigned to outlying benches across the country.
Justice Mohsin Akhtar Kiani, proposed for transfer to the Lahore High Court (LHC), is likely to be posted to either the Multan or Bahawalpur bench. Similarly, Justice Babar Sattar, under consideration for the Peshawar High Court (PHC), is expected to be posted to its Bannu bench.
Other judges in the proposed list include Justice Arbab M Tahir for the Balochistan High Court (BHC), Justice Saman Rafat Imtiaz for the Sindh High Court (SHC), and Justice Khadim Hussain Soomro, also for the SHC. Sources indicated that these judges, too, are expected to be assigned to regional benches of their respective high courts if the transfers materialise.
The development comes amid an ongoing debate within judicial and legal circles over the proposed transfers. Chief Justice of Pakistan Yahya Afridi has reportedly opposed the move, warning that it could undermine judicial independence and set an undesirable precedent. The proposal originated from IHC Chief Justice Sardar Sarfraz Dogar, who sought a meeting of the Judicial Commission of Pakistan (JCP) to deliberate on the transfers. Although the Chief Justice of Pakistan declined to convene the meeting himself, the JCP secretary has called a meeting on April 28 following a requisition by five members of the commission.
Some media reports suggest that since the JCP remains divided on the issue, there are chances that not all proposed transfers will be approved. While some members believe that only three judges may ultimately be transferred, others within the government and legal fraternity have voiced strong opposition, particularly to the proposed relocation of Justice Khadim Hussain Soomro and Justice Arbab M Tahir, these reports added.
In contrast, there appears to be relatively less resistance to the transfers of Justice Mohsin Akhtar Kiani and Justice Babar Sattar, while Justice Saman Rafat Imtiaz is also seen as a likely candidate for transfer. Notably, these three judges were among the signatories of a widely discussed letter addressed to the Supreme Judicial Council, seeking guidance on alleged interference by state agencies in judicial affairs. The upcoming JCP meeting is expected to be crucial in determining the fate of the proposed transfers, which have sparked significant debate over their implications for judicial autonomy and institutional integrity.
