Chief Justice of Pakistan Yahya Afridi has declined a request from Islamabad High Court Chief Justice Sarfraz Dogar to convene a Judicial Commission meeting focused on the transfer of judges. Afridi cited constitutional and institutional issues in his written response, stating that calling a meeting for a specific purpose was not feasible.
He emphasized that transferring judges without clear justification would effectively amount to punishment and could jeopardize judicial independence and autonomy. Afridi noted that no institutional necessity or valid rationale had been provided to support the proposed transfers of judges from the Islamabad High Court.
In a significant development, the Chief Justice also expressed concerns about the federal balance, highlighting that recalling judges from Sindh would disrupt provincial representation within the IHC. He further pointed out that such transfers might negatively impact the provisions of the Islamabad High Court Act, 2010.
Moreover, Afridi warned that transferring five out of nine judges could destabilize the judicial system by creating multiple vacancies, leading to uncertainty within the court. He underscored that the Constitution clearly outlines procedures under Article 209 for addressing matters related to judges, and that administrative transfers outside this framework would contradict constitutional mandates.
He cautioned against treating judges as transferable administrative officers, describing this as a dangerous precedent that could undermine the judiciary’s credibility. Afridi clarified that the authority to convene Judicial Commission meetings rests with the commission’s secretary and instructed that any reasons for such requests be communicated to all commission members.
