Justice Babar Sattar (L), Justice Saman Riffat Imtiaz (m) and Justice Mohsin Akhtar Kayani. Photos: IHC website
ISLAMABAD:
The Judicial Commission of Pakistan (JCP) on Tuesday approved the transfer of Islamabad High Court (IHC) judges Justice Mohsin Akhtar Kayani to Lahore High Court (LHC), Justice Babar Sattar to Peshawar High Court (PHC) and Justice Saman Riffat Imtiaz to Sindh High Court (SHC).
According to a statement issued by the Supreme Court of Pakistan (SCP), the JCP today held a series of meetings to consider the transfer of the high court judges, and the deliberations were held under the chairmanship of Chief Justice of Pakistan Yahya Afridi.
“The meetings were convened by the Secretary of the Judicial Commission of Pakistan in exercise of the powers conferred by Clause (22) of Article 175A of the Constitution, as the Chairman of the Commission, although giving reasons therefor, refused to convene the meeting on the request of one-third of the total members,” he said.
The statement said that the PCJ deliberated on several transfer proposals, and that the presidents of the high courts involved participated as members of the commission. Transfer decisions were made in accordance with the powers granted by the Constitution and the procedural rules of the JCP.
Furthermore, the members who had requisitioned them withdrew proposals for the transfer of Justice Arbab Tahir and Justice Khadim Hussain Soomro. The commission also decided, by majority, that any vacancies created by a judge’s transfer would be filled by new transfers, rather than initial appointments.
Also read: CJP warns about transfers of judges
Members of the Pakistan Tehreek-e-Insaf attended the meeting after boycotting similar sessions before the 27th Constitutional Amendment.
Speaking to the media, PTI president and commission member Advocate Gohar Ali Khan said, “We will ask the commission to cancel the issue of transfers of judges,” adding that the party would present its reservations to the forum.
He said a decision had been made not to boycott the meeting, noting that “in the last four years, institutional structures have been significantly affected” and that “there is a need to strengthen the judiciary in the current situation.”
Another member of the commission, Senator Ali Zafar of the PTI, questioned the process and said: “Judges should not be transferred without reasons.”
He said “there should be sound grounds for such transfers”, adding that rules should have been framed before proceeding with the transfers, and described Justice Sattar’s letter as a “valid demand”.
When asked if the PTI and the Chief Justice were aligned to oppose the transfers, Zafar replied: “Yes, we support Chief Justice Yahya Afridi’s stand.”
Read more: CJ calls JCP meeting on transfer of judges
Last week, CJP Afridi had opposed the proposal to transfer the five judges to other high courts, warning that such a move could undermine judicial independence and set an undesirable precedent.
It emerged that PCJ members were divided over the proposals. Sources had said The express PAkGazette that a strong section within the government and the legal fraternity was opposed to the transfer of Justice Soomro and Justice Tahir.
Explaining his opposition, CJP Afridi said convening the JCP meeting within 15 days in such circumstances would be inappropriate, warning that allowing such transfers could normalize the treatment of judges as interchangeable.
“Such an approach would have serious implications for the institutional integrity of the judiciary, while eroding public confidence in its independence and stability. More importantly, the proposed transfers, if permitted, would essentially assume a punitive character vis-à-vis the transferred judges: an outcome that finds no sanction anywhere in the constitutional scheme governing the higher judiciary, is wholly alien to the purpose of Article 200 of the Constitution and runs counter to the fundamental principles of judicial independence and security. of ownership,” says CJP Afridi.
He further noted that the requisition sought the transfer of Justice Soomro, who had already been transferred from the SHC to the IHC in February 2025 under Article 200 to promote federalism and equal representation.
“That being the stated reason for his initial transfer, it is evident that the present application is fundamentally inconsistent with the very purpose that informed the transfers to the IHC in February 2025.”
