JCP shifts three judges to provincial HCs Kayani, Sattar and Imtiaz transferred out of IHC CJP Afridi fails
ISLAMABAD:
The present government has scored yet another victory on the judicial front by successfully transferring three outspoken judges from the Islamabad High Court (IHC) to different provincial high courts.
The Judicial Commission of Pakistan (JCP), by a majority, approved the transfer of 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).
The JCP secretary convened the meeting on Tuesday after Chief Justice of Pakistan (CJP) Yahya Afridi refused to convene it.
It is learned that the JCP approved the transfer of Justice Kayani and Justice Imtiaz by a majority of 11 votes to 4. However, the transfer of Justice Sattar was approved by 10 votes to 5.
Interestingly, PHC Chief Justice Syed Muhammad Attique Shah opposed the transfer of Justice Sattar as it would affect the seniority of some PHC judges.
It is learned that the JCP’s judicial members – Federal Constitutional Court (FCC) Chief Justice Amin-ud-Din Khan, Justice Hasan Azhar Rizvi, Justice Aamer Farooq and IHC Chief Justice Sardar Muhammad Sarfraz Dogar – voted in favor of the transfers.
The three IHC judges were signatories to a famous letter written to the Supreme Judicial Council (SJC) seeking guidance on allegations of agency interference in judicial functions.
Since the tenure of former CJP Qazi Faez Isa, judges associated with this letter have reportedly been pressured through various means.
After the 26th constitutional amendment, the present government succeeded in its first plan last February by transferring three judges from different high courts to the IHC.
The transfer of Justice Sardar Muhammad Sarfraz Dogar was particularly crucial. Everything was done with the agreement of CJP Afridi, and the SC even approved these transfers within the IHC.
Subsequently, the government succeeded in appointing Justice Dogar as the Chief Justice of the IHC.
During the meeting, CJP Yahya Afridi stood firm on his earlier stand and opposed the transfer of IHC judges to different high courts. However, he failed to convince the judicial members of the commission.
A JCP member told The Express PK Press Club that the commission, by majority, opposed the suggested rules before transferring judges from one high court to another.
Even the majority did not support the view that valid reasons should be recorded for transfer of judges from one high court to another. We learn that the majority also disagreed that the JCP should hear the judges before transferring them.
It is learned that Justice Babar Sattar had written a letter to the JCP seeking the right to a hearing before any decision regarding his transfer to another high court.
After reviewing the contents of the letter, a committee member said: “It was appropriate not to hear from Justice Babar Sattar. »
Lawyer Salahuddin Ahmed said six IHC judges mustered the courage to object to intelligence agencies telling them how to decide cases. One of them repented and was forgiven, another was fired, and now three have been forcibly transferred.
He said it was a sad day for all those who believe in an independent judiciary.
“It is not clear whether Justice Isa, who turned a blind eye to their letter, or Justice Afridi, who initiated the first round of retaliatory transfers, or the Supreme Court judges who approved him in their verdict, now regret their role or not. However, the nation will continue to regret this decision for decades to come,” he said.
Lawyer Abdul Moiz Jaferii said that the possibility of transferring judges without their consent reduces the judiciary to a toy of the executive, and that is exactly what the executive is doing now: playing with independent judges and not even trying to hide the farce.
“In Saman, Riffat Imtiaz, a judge celebrated as a diverse addition to the Federal Court, is sent back to her province of birth without any reason.”
“In Babar Sattar, a judge who does not want to be transferred is sent to a court whose head does not want him. No reason is provided,” Jaferii said, adding that higher court judges approve such transfers and give no reason.
“Without an independent judiciary, there can be no functioning democracy or economy. Our politicians, as usual, will learn this lesson when it is too late, when they need the judges they have sent to the provinces,” he adds.
Meanwhile, it is learned that during the meeting, the members who had requisitioned the proposals for transfer of Justice Arbab Tahir from IHC to Balochistan High Court, and Justice Khadim Hussain Soomro from IHC to SHC withdrew the proposals.
The commission dashed the hopes of lawyers, as the majority of its members were of the view that any vacancy resulting from the transfer of a judge of a high court would be filled by transfer only, and that such a vacancy should in no case be treated as a vacancy for an initial appointment.
