ISLAMABAD: In line with the Judicial Commission of Pakistan (JCP) decision, the Ministry of Law and Justice notified on Wednesday the transfer of three judges of the Islamabad High Court (IHC) to different high courts under Article 200 of the Constitution.
According to a notification issued by the law ministry, the President of Pakistan approved the transfers on the recommendation of Judicial Commission of Pakistan (JCP).
The notification read 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 move comes a day after JCP approved the transfer of three judges to other high courts under the Article 200 of the Constitution.
Meanwhile, Minister of State for Law Barrister Aqeel Malik has said that the decisions taken by the Judicial Commission of Pakistan (JCP) are in accordance with the Constitution and law, and that no member of the commission is subordinate to another.
Speaking on Geo News programme Aaj Shahzeb Khanzada Kay Saath, Malik said the authority to transfer judges rests with the JCP, not the executive, adding that the issue of judges’ rotation had also been demanded by bar councils.
He said the written position of Justice Babar Sattar had been placed before the commission, noting the Constitution allows the commission to hear a judge if it considers it appropriate, but such a hearing is not mandatory.
Referring to Articles 200 and 175A of the Constitution, the minister said the commission comprises seven senior judges, including two chief justices, and representatives from both the government and the opposition, and that decisions are taken by majority. He rejected the perception that judicial transfers amount to punishment, saying the Constitution provides for such measures, adding that the transfers are aimed at strengthening the federal system.
