Judicial commission approves transfer of three IHC judges

ISLAMABAD: The Judicial Commission of Pakistan (JCP) on Tuesday approved the transfer of three judges from the Islamabad High Court (IHC) to different provincial high courts, according to an official statement.

The commission, chaired by Chief Justice of Pakistan Yahya Afridi, met at the Supreme Court and approved the transfers by majority vote, the statement said.

Under the decision, Justice Mohsin Akhtar Kiani has been transferred to the Lahore High Court, Justice Babar Sattar to the Peshawar High Court and Justice Saman Rafat Imtiaz to the Sindh High Court.

The commission also decided that any vacancy arising from such transfers would be filled through further transfers and would not be treated as a vacancy for initial appointments, according to the handout.

The statement said the meetings were convened by the commission’s secretary after the chairman declined to call a meeting on a requisition submitted by one-third of members, as permitted under Article 175A(22) of the Constitution.

It added that a separate proposal to transfer Justice Arbab Mohammad Tahir to the Balochistan High Court and Justice Khadim Hussain Soomro to the Sindh High Court was withdrawn by the member who had originally moved it.

Chief justice’s reservations

Chief Justice Yahya Afridi, who also heads the commission, had earlier expressed reservations over the proposed transfers, particularly regarding their constitutional implications and potential impact on judicial independence, sources said.

He had warned in his remarks that such moves could undermine federalism and create institutional instability, particularly if high courts were left with significant vacancies.

The chief justice had also noted that allegations against judges should be addressed through constitutional mechanisms under Article 209 via the Supreme Judicial Council, rather than through transfers that could be seen as punitive in nature.

Legal and constitutional context

The transfers follow recent amendments to Article 200 of the Constitution, which now empower the Judicial Commission to recommend transfers of judges between high courts without requiring their consent.

Previously, such transfers required the consent of the judge concerned. Under the amended framework, refusal to accept a transfer may trigger proceedings before the Supreme Judicial Council under Article 209.

The developments come amid ongoing consultations on the possible induction of new judges to the Islamabad High Court, with several names from the legal community and the district judiciary under consideration, according to legal sources.

Among those being considered are senior lawyers and sitting district judges, as the process of judicial appointments and restructuring continues under the revised constitutional framework.