The president of Pakistan has approved the transfer of a judge of the higher courts of Lahore, Sindh and Baluchistan to the Superior Court of Islamabad (IHC). After this approval, the Federal Ministry of Law has 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 Superior Court of Lahore has been transferred to the Superior Court of Islamabad. Similarly, Judge Khadim Hussain Soomro of the Superior Court of Sindh and Judge Muhammad Asif of the Superior Court of Baluchistan have also been reallocated to the IHC.
Concerns about judicial appointments
Previously, five judges of the Superior Court of Islamabad had written a letter to the president of the president of Pakistan and the main judges of the respective Superior Courts, expressing their concerns about the appointment of judges of other courts to the IHC. The letter, co-filmed by the senior judge, Judge Mohsin Akhtar Kayani and others, emphasized that the judges should not be appointed from other higher courts, but of the high-ranking judges of the IHC.
Judicial sources confirmed that copies of the letter were also sent to the president of Pakistan, the president of the Superior Court of Justice Games and the main judges of the upper courts of Lahore, Sindh and Islamabad.
Historical precedents of transfers
This is not the first time that the judges of other superior courts have been transferred to the IHC. Previously, three judges from different higher courts have been appointed as main judges of the Superior Court of Islamabad. In February 2008, Judge Sardar Aslam was transferred from the Superior Court of Lahore and appointed president of the Supreme Court of the IHC. Similarly, Judge M. Bilal Khan was transferred in 2009 of the Superior Court of Lahore to Islamabad as president of the Supreme Court. Later, under amendment 18, Judge IQBAL HAMEED-UR-REHMAN was transferred and appointed president of the Supreme Court under article 200 of the Constitution.
Transfers of the Islamabad Bar Association
The Islamabad Lawyer Council has firmly condemned the transfer of judges from other provinces to the Superior Court of Islamabad, announcing a movement against the decision. He declared that the Islamabad Bar Association, the Bar Association of the Superior Court of Islamabad and the Bar Association of the Islamabad district would hold a joint press conference to address the issue.
In an official statement, the Islamabad Bar Association declared that the recent notification issued by the Ministry 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 additional interference in judicial matters.
The controversy surrounding these transfers highlights continuous concerns within the Judiciary with respect to external appointments and the independence of judicial institutions.
