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The Judicial Commission of Pakistan (JCP) on Tuesday approved the transfer of three Islamabad High Court (IHC) judges to different high courts.
The top judicial body meeting, chaired by Chief Justice of Pakistan Yahya Afridi, approved the transfers of Justice Mohsin Akhtar Kayani from the IHC 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) with a majority vote, the statement released by JCP said on Tuesday.
"The meetings were convened by the secretary of the JCP in exercise of powers conferred by clause (22) of Article 175A of the Constitution, as the chairman of the Commission, while giving reason therefor, declined to convene the meeting on the requisition by one-third of the total members," it said.
The proposal originated from IHC Chief Justice Sardar Sarfraz Dogar, who sought a JCP meeting to deliberate on the matter.
The proposal also triggered debate within judicial circles as CJP Afridi 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 to the IHC chief justice, CJP Afridi said that calling a commission meeting for a specific purpose was not possible. The top judge observed that transferring judges without clear justification would be "tantamount to punishment" and warned that such moves could undermine judicial independence and autonomy.
He stressed that the Constitution provided a clear mechanism under Article 209 for action against judges, and any administrative transfers would be inconsistent with constitutional provisions.
The JCP, in the statement released today, said that members who had requisitioned the meetings for the proposed transfer of Justice Arbab M. Tahir from IHC to Balochistan High Court (BHC), and of Justice Khadim Hussain Soomro from IHC to SHC, withdrew the respective 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.
Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar on Tuesday criticised the transfer of IHC judges, saying that the move raised concerns over its implications for judicial independence.
Speaking to the media outside the top court, Gohar said the transfer of judges was “against the concept of an independent judiciary” and argued that such decisions could lead to divisions within the judicial system.
He maintained that all high courts currently have a complete number of judges, questioning the need for transfers. “The transfer of judges is tantamount to dividing the judiciary,” he said.
“Judges’ transfer is not the job of any individual,” he said, adding that when judges took the oath, the Constitution stated they would not be transferred without their consent.
“Transferring judges on likes and dislikes without hearing their stance is an attack on the judiciary,” he added.
