The President of Pakistan approved the transfer of a judge each of the high lessons in Lahore, Sindh and Balutchistan to the High Court of Islamabad (IHC). Following this approval, the Federal Ministry of Law issued the official notification.
President Asif Ali Zardari sanctioned transfers under article 200 of the Constitution, after which the ministry of Law formalized the decision through an official notification.
According to the notification, judge Sarfraz Dogar of the High Court of Lahore was transferred to the High Court of Islamabad. Similarly, judge Khadim Hussain Soomro from the Sindh High Court and Judge Muhammad Asif from the Balutchistan High Court were also reassigned to the IHC.
Concerns about judicial appointments
Previously, five judges from the High Court of Islamabad had written a letter to the chief judge of Pakistan and the main judges of respective high lessons, expressing their concerns concerning the appointment of judges of other courts to the CSI. The letter, co-signed by the main judge of judge Mohin Akhtar Kayani and others, stressed that the judges should not be appointed other courts, but rather among the higher judges of the IHC himself.
Judicial sources have confirmed that copies of the letter have also been sent to the president of Pakistan, the chief judge and the main judges of the High Courts of Lahore, Sindh and Islamabad.
Previous historical transfers
This is not the first time that the judges of other high lessons have been transferred to the IHC. Previously, three judges of different high lessons have been appointed chief judges of the High Court of Islamabad. In February 2008, judge Sardar Aslam was transferred from the High Court of Lahore and appointed chief judge of the IHC. Likewise, Judge Mr. Bilal Khan was transferred in 2009 from the High Court of Lahore to Islamabad as chief judge. Later, under the 18th amendment, judge Iqbal Hameed-Ur-Rehman was transferred and appointed chief judge under article 200 of the Constitution.
The Islamabad bar council condemns transfers
The Islamabad bar council strongly sentenced the transfer of judges from other provinces to the High Court of Islamabad, announcing a movement against the decision. He said the Islamabad bar council, the Islamabad high court bar and the Islamabad district bar association will hold a joint press conference to resolve the issue.
In an official declaration, the Islamabad bar council said that the recent notification issued by the Department of Law and Justice is an attack on judicial independence and undermines the representation and rights of legal fraternity in Islamabad. The council firmly opposed the decision and promised to resist any other interference in judicial affairs.
The controversy surrounding these transfers highlights continuous concerns within the judiciary concerning external appointments and the independence of judicial institutions.
