- The Ministry of Justice notifies the transfer of three IHC judges.
- Transfers approved under Article 200 of the Constitution.
- The President approves the actions taken on the recommendation of the JCP.
In line with the decision of the Judicial Commission of Pakistan (JCP), the Ministry of Law and Justice on Wednesday notified 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 the Judicial Commission of Pakistan (JCP).
The notification said that Justice Mohsin Akhtar Kayani was 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 the JCP approved the transfer of three judges to other high courts under Article 200 of the Constitution.
Chief Justice of Pakistan (CJP) and Chairman JCP Yahya Afridi chaired the meeting of the committee, which was convened by the Secretary JCP in exercise of powers conferred by clause (22) of Article 175A of the Constitution.
The meeting was attended by Justice Aminuddin Khan, Justice Munib Akhtar, Justice Aamer Farooq, Justice Syed Hassan Azhar Rizvi, Law Minister Azam Nazir Tarar, Attorney General Mansoor Usman Awan, Bar Council of Pakistan Representative Ahsen Bhoon, Farooq H Naek, Advocate Ali Zafar and Advocate Gohar Ali Khan.
The JCP further noted that the members who had requisitioned the meetings for the transfer of Justice Arbab M. Tahir from the Islamabad High Court to the Balochistan High Court, and Justice Khadim Hussain Soomro from the same court to the Sindh High Court, withdrew their respective proposals.
The committee further decided by a majority that any vacancy arising out of transfer of a judge of a high court would be filled by transfer only, and such vacancy should in no case be treated as a vacancy for initial appointment, a press release said.
The government defends the JCP decision
Minister of State for Law, Barrister Aqeel Malik, said that decisions taken by the Judicial Commission of Pakistan (JCP) are in accordance with the Constitution and law, and no member of the commission is subordinate to another.
Speaking on PK Press Club News Aaj Shahzeb Khanzada Kay Saath program, Malik said the power to transfer judges rests with the JCP, not the executive, adding that the issue of rotation of judges had also been demanded by the bar councils.
He said the written position of Justice Babar Sattar had been submitted to the commission, noting that the Constitution allows the commission to hear a judge if it deems 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 of the government and the opposition, and decisions are taken by majority. He rejected the idea that judicial transfers constitute punishment, saying the Constitution provides for such measures, adding that the transfers are intended to strengthen the federal system.
