JCP transfers three judges to provincial HCs Kayani, Sattar and Imtiaz transferred out of IHC CJP Afridi objects fail
ISLAMABAD:
The present government has achieved another victory on the judicial front by managing to transfer three judges of the Islamabad High Court (IHC) to different provincial high courts.
The Judicial Commission of Pakistan (JCP), by majority, 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 Riffat Imtiaz to the Sindh High Court (SHC).
The JCP secretary called the meeting on Tuesday after Chief Justice of Pakistan (CJP) Yahya Afridi refused to convene it.
It is learned that the JCP approved the transfer of Justice Kayani and Justice Imtiaz by a majority of 11 to 4. However, Justice Sattar’s transfer was approved by 10 to 5.
Interestingly, PHC Chief Justice Syed Muhammad Attique Shah opposed Justice Sattar’s transfer because it would affect the seniority of some PHC judges.
It is learned that JCP judicial members – Federal Constitutional Court (FCC) Chief Justice Amin-ud-Din Khan, Justice Hasan Azhar Rizvi, Justice Aamer Farooq and IHC Chief Justice Sardar Muhammad Sarfraz Dogar – voted in favor of the transfers.
The three IHC judges signed a famous letter to the Supreme Judicial Council (SJC) seeking guidance on alleged agency interference in judicial functions.
Since the tenure of former CJP Qazi Faez Isa, the judges associated with that letter have allegedly faced pressure through various means.
After the 26th Constitutional Amendment, the present government succeeded in its first plan last February by transferring three judges from different high courts to the IHC.
The transfer of Judge Sardar Muhammad Sarfraz Dogar was particularly crucial. Everything was done with the consent of CJP Afridi, and the SC even approved these transfers in the IHC.
Subsequently, the government managed to appoint Justice Dogar as the Chief Justice of the IHC.
During the meeting, CJP Yahya Afridi stood firm on his earlier stance and opposed the transfer of IHC judges to different high courts. However, he could not convince the judicial members of the commission.
A PCJ member told The Express PAkGazette that the commission, by majority, was against suggesting rules before transferring judges from one high court to another.
Even the majority did not support the idea that valid reasons should be recorded for transferring judges from one high court to another. It was learned that the majority also did not agree that the PCJ listen to the judges before transferring them.
It was learned that Justice Babar Sattar had written a letter to the PCJ seeking the right to a hearing before any decision on his transfer to another higher court.
After reviewing the contents of the letter, a member of the commission said: “It was appropriate not to listen to Justice Babar Sattar.”
Lawyer Salahuddin Ahmed said six IHC judges had mustered the courage to object to intelligence agencies telling them how to decide cases. One repented and was forgiven, another was fired and now three have been forcibly transferred.
He said it was a sad day for all those who believe in an independent judiciary.
“It is not clear whether Justice Isa, who turned a blind eye to her letter, or Justice Afridi, who initiated the first round of retaliatory transfers, or the Supreme Court judges who backed her in her verdict, now regret their role or not. However, the nation will continue to regret this decision for decades to come,” he said.
Lawyer Abdul Moiz Jaferii stated that the ability to transfer judges without their consent reduces the judiciary to a toy of the executive, and that is exactly what the executive is doing right now: playing with independent judges and not even trying to hide the charade.
“In Saman Riffat Imtiaz, a judge who was celebrated as a diverse addition to the federal court is being sent back to her province of birth with no reason given.”
“In Babar Sattar, a judge who does not want to be transferred is sent to a court whose chief does not want him. No reasons are given,” Jaferii said, adding that high court judges approve these transfers without giving any reason.
“Without an independent judiciary, you cannot have a functioning democracy or a functioning economy. Our politicians, as always, will learn this lesson when it is too late, when they need these judges they have sent to the provinces,” he adds.
Meanwhile, it was learned that during the meeting, the members who had requisitioned the proposals to transfer Justice Arbab Tahir from IHC to Balochistan High Court and Justice Khadim Hussain Soomro from IHC to SHC withdrew the proposals.
The commission has dashed the hopes of the lawyers as the majority of its total members held that any vacancy arising out of transfer of a high court judge shall be filled up only by transfer and such vacancy shall not, in any manner, be treated as a vacancy for initial appointment.
