In a significant development, the Ministry of Law and Justice on Wednesday formalized the transfer of three judges from the Islamabad High Court (IHC) to various other high courts, in line with a decision by the Judicial Commission of Pakistan (JCP) under Article 200 of the Constitution.
The notification, issued by the law ministry, confirmed that the President of Pakistan sanctioned the transfers based on the recommendations of the JCP. Justice Mohsin Akhtar Kayani has been reassigned to the Lahore High Court (LHC), Justice Babar Sattar to the Peshawar High Court (PHC), and Justice Saman Rafat Imtiaz to the Sindh High Court (SHC).
This move follows the JCP’s approval of these transfers a day earlier. The commission meeting was chaired by Chief Justice of Pakistan (CJP) and JCP Chairman Yahya Afridi. Convened by the JCP secretary under the authority of clause (22) of Article 175A of the Constitution, the session included members such as Justice Aminuddin Khan, Justice Munib Akhtar, Justice Aamer Farooq, Justice Syed Hassan Azhar Rizvi, Law Minister Azam Nazir Tarar, Attorney General Mansoor Usman Awan, and representatives from the Pakistan Bar Council and senior legal figures including Ahsan Bhoon, Farooq H Naek, Barrister Ali Zafar, and Barrister Gohar Ali Khan.
Meanwhile, the JCP noted that proposals to transfer Justice Arbab M. Tahir from the IHC to the Balochistan High Court and Justice Khadim Hussain Soomro from the IHC to the Sindh High Court were withdrawn by the members who had requested these moves.
The commission also resolved by majority that any vacancy resulting from the transfer of a judge between high courts must be filled only through another transfer, and such vacancies will not be considered open for initial appointments.
Minister of State for Law Barrister Aqeel Malik emphasized that all decisions made by the JCP comply strictly with the Constitution and legal provisions, clarifying that no member of the commission holds authority over another. Speaking on a prominent news program, Malik reiterated that the power to transfer judges lies solely with the JCP and not the executive branch. He added that the rotation of judges had also been requested by bar councils.
Regarding Justice Babar Sattar, Malik mentioned that his written stance was presented to the commission. He explained that while the Constitution permits the commission to hear a judge during transfer considerations, it is not obligatory.
Highlighting Articles 200 and 175A of the Constitution, Malik outlined that the commission consists of seven senior judges, including two chief justices, alongside representatives from both the government and opposition, with decisions made by majority vote. He dismissed the notion that judicial transfers serve as punishment, affirming that such measures are constitutionally sanctioned and aim to reinforce the federal judicial system.
