The Judicial Commission of Pakistan (JCP) on Tuesday approved by a majority the transfer of three judges of the Islamabad High Court (IHC)—Justices Babar Sattar, Mohsin Akhtar Kayani, Saman Rafat Imtiaz—to other high courts, drawing criticism from legal bodies.
Chaired by Chief Justice of Pakistan (CJP) Yahya Afridi, the JCP meeting 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 Rafat Imtiaz to the Sindh High Court (SHC).
“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,” read a statement issued by the JCP, referring to the CJP’s refusal over constitutional and institutional concerns.
IHC Chief Justice Sardar Sarfraz Dogar had sought the JCP meeting to deliberate on his requested transfers. In response, the CJP had observed that this would be “tantamount to punishment,” warning further such moves risked undermining judicial independence and autonomy.
The JCP statement said the IHC CJ had withdrawn a proposal for the transfer of two additional IHC judges, Justice Arbab Tahir and Justice Khadim Hussain Soomro. “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,” it added.
The transfers have drawn criticism from opposition parties and law bodies. Pakistan Tehreek-e-Insaf (PTI) Chairman Gohar Ali Khan, part of the JCP, maintained the transfers ran counter to the concept of an independent judiciary. He further alleged the move could sow divisions within the judiciary, adding the Constitution required the consent of any judge facing transfer.
Islamabad bars
In a statement criticizing the transfers, the Islamabad Bar Council said it lacked transparency, and warned such selective transfers risked undermining judicial independence. IBC Vice Chairman Chaudhry Asif Irfan and Executive Committee Chairman Muhammad Zafar Khokhar demanded a “structured, periodic and across-the-board rotation policy” for the IHC and its subordinate court judges based on uniform criteria.
“The council has taken serious notice of the recent transfer of three judges from the IHC, which appears to be lacking transparency and raises concerns of mala fide intent,” it said, noting that individual and non-uniform transfers without any objective criteria damaged public confidence and judicial integrity.
“Any rotation policy must be based on objective, uniform and transparent criteria, applicable equally to all judges,” it said, emphasizing transfers must be “free from arbitrariness or extraneous considerations.”
Similarly, the Islamabad High Court Bar Association (IHCBA) also called for uniformity, transparency and consistency in transfers. “The IHCBA underscores that decisions impacting the composition of the courts carry significant institutional importance and must be approached with due care. It is imperative that such measures do not, in any manner, undermine the independence of the judiciary, which remains a cornerstone of the rule of law and public confidence in the justice system,” it said.
It called on the relevant authorities to formulate a comprehensive rotation mechanism in the interest of “fair and transparent administration of justice.”