Justice Babar Sattar (left), Justice Saman Riffat Imtiaz (right) and Justice Mohsin Akhtar Kayani. Photos: IHC website
ISLAMABAD:
The Judicial Commission of Pakistan (JCP) on Tuesday approved the transfer of Islamabad High Court (IHC) judges Justice Mohsin Akhtar Kayani to the Lahore High Court (LHC), Justice Babar Sattar to the Peshawar High Court (PHC) and Justice Saman Riffat Imtiaz to the Sindh High Court (SHC).
According to a statement issued by the Supreme Court of Pakistan (SCP), the JCP today held a series of meetings to review the transfer of High Court judges, with the deliberations being conducted under the chairmanship of Chief Justice of Pakistan Yahya Afridi.
“The meetings were convened by the Secretary of the Judicial Commission of Pakistan in exercise of the powers conferred by clause (22) of Article 175A of the Constitution, as the Chairman of the Commission, while explaining the reasons, refused to convene the meeting at the request of one-third of the total members,” it said.
The statement said the JCP deliberated on various transfer proposals, with the participation of chief justices of the high courts concerned as members of the committee. The transfer decisions were made in accordance with the powers granted by the Constitution and the procedural rules of the JCP.
In addition, the proposed transfers of Judge Arbab Tahir and Judge Khadim Hussain Soomro were withdrawn by the members who had requisitioned them. The commission also decided, by majority, that any vacancy created by the transfer of a judge would be filled by new transfers rather than initial appointments.
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Members of the Pakistan Tehreek-e-Insaf attended the meeting after boycotting similar sessions before the 27th constitutional amendment.
Speaking to the media, lawyer Gohar Ali Khan, PTI chairman and member of the committee, said, “We will request the committee to cancel the issue of transfers of judges,” adding that the party would present its reservations before the forum.
He said a decision was made not to boycott the meeting, noting that “over the past four years, institutional structures have been significantly affected” and that “in the current situation, there is a need to strengthen the judicial system.”
Another committee member, Senator Ali Zafar of the PTI, questioned the process, saying: “Judges should not be transferred without reasons. »
He said “there should be strong reasons for such transfers”, adding that rules should have been laid down before proceeding with the transfers, and described Justice Sattar’s letter as raising a “valid demand”.
Asked if the PTI and the Chief Justice agreed to oppose the transfers, Zafar said: “Yes, we support the position of Chief Justice Yahya Afridi.
Learn more: CJ convenes JCP meeting on transfer of judges
Last week, CJP Afridi had opposed the proposed transfer of the five judges to other high courts, warning that such a move could undermine judicial independence and set an undesirable precedent.
It was learned that JCP members were divided on the proposals. Sources had said The Express PK Press Club that a strong section within the government and legal community opposed the transfer of Justices Soomro and Tahir.
Explaining his opposition, CJP Afridi had said that convening the JCP meeting within 15 days in such circumstances would be inappropriate, warning that allowing such transfers could normalize the treatment of judges as interchangeable.
“Such an approach would have serious implications for the institutional integrity of the judiciary, while eroding public confidence in its independence and stability. More importantly, the proposed transfers, if permitted, would in substance be punitive in nature with regard to the transferred judges: a result which finds no sanction in the constitutional system governing the higher judiciary, is entirely foreign to the purpose of Article 200 of the Constitution and runs counter to the fundamental principles of independence judicial and irremovability”, declares CJP Afridi.
He further noted that the requisition was for the transfer of Justice Soomro, who had already been transferred from the SHC to the IHC in February 2025 under Article 200 to promote federalism and equitable representation.
“That being the reason given for its initial transfer, it is clear that the present request is fundamentally inconsistent with the very purpose that motivated the transfers to the IHC in February 2025.”
