The Lahore High Court Bar Association (LHCBA) on Thursday petitioned the Supreme Court against the transfer of three Islamabad High Court (IHC) judges, arguing it is in violation of Article 2A of the Constitution and lacks transparency.
Filed under Article 183(3), the petition also argues there is no reason for the transfers and thus raises concerns over the legality and fairness of the process.
The petition has named the federal government and the Judicial Commission of Pakistan (JCP) as respondents, maintaining that transferring these judges to different high courts is unconstitutional. It argues the process adopted does not meet constitutional standards and undermines established judicial norms and further challenges provisions introduced through the 27th Amendment, arguing abolishing Article 184(3) and amending Article 175(2) are unconstitutional.
The petition also says the authority of the Supreme Court cannot be transferred to a federal constitutional court and as such the case cannot be heard by the same court and must be heard in the Supreme Court.
Earlier this week, the JCP—through a majority vote—transferred Justice Mohsin Akhtar Kayani to the Lahore High Court; Justice Babar Sattar to the Peshawar High Court; and Justice Saman Rafat Imtiaz to the Sindh High Court. Prior to the meeting, Chief Justice of Pakistan (CJP) Yahya Afridi, who reportedly voted against the transfers, had warned that transferring judges without clear justification could be “tantamount to punishment” and risks undermining judicial independence and autonomy.