Islamabad lawyers have urged that appointments to the Islamabad High Court (IHC) should be made from senior members of the Islamabad High Court Bar Association (IHCBA) following the recent transfer of three judges from the court. The demand was voiced during a joint press conference by leaders of both the IHCBA and the Islamabad District Bar Association, who criticized the growing trend of appointing judges from outside the federal capital.
This development follows the Judicial Commission of Pakistan’s approval of transferring three IHC judges to provincial high courts. Under the commission’s decision, chaired by Chief Justice of Pakistan Yahya Afridi, Justice Mohsin Akhtar Kiani was moved 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 resolved that the resulting vacancies would be filled through further transfers rather than fresh appointments.
Speaking at the conference, Islamabad District Bar Association President Naeem Gujjar emphasized that judicial appointments to the IHC should primarily come from lawyers based in Islamabad. He asserted that the right to these appointments belongs to Islamabad’s legal community and opposed the imposition of judges from outside the capital. Gujjar clarified that while the bar associations do not oppose judicial transfers in principle, they advocate for similar rotation practices within the district judiciary across provinces. He reiterated calls for a broader rotation mechanism, including transferring district and sessions judges from Islamabad to other provinces to prevent prolonged postings in one location.
Meanwhile, IHCBA President Wajid Ali Gillani rejected the notion of the Islamabad High Court functioning as a “federal high court” dominated by outsiders. He pointed out that representation from all four provinces has already been fulfilled through prior appointments and transfers. For instance, Punjab’s representation was secured before Justice Kiani’s transfer via the appointment of Justice Dogar, and Sindh’s seat was effectively covered by Justice Khadim Soomro before Justice Imtiaz’s transfer. Similarly, Justice Sattar’s move to Peshawar did not create a vacancy for Khyber Pakhtunkhwa, as another judge from the province had already been appointed. Gillani insisted that remaining vacancies should be reserved for Islamabad-based lawyers and that the bar had urged the law minister to ensure this practice continues, including appointments of additional judges.
IHCBA Secretary Qasim Nawaz Abbasi highlighted that the issue of rotation within Islamabad’s district judiciary has been under discussion for some time. He noted that despite the IHC having 13 judges, lawyers from Islamabad remain underrepresented on the bench. Abbasi added that the Islamabad bar represents lawyers from across Pakistan, reflecting national diversity, which strengthens the case for local appointments.
This controversy over judicial transfers has ignited a broader debate within Pakistan’s legal community concerning judicial independence, transparency, and adherence to constitutional procedures. Earlier in the week, the Lahore High Court Bar Association filed a petition in the Supreme Court challenging the transfers of the three IHC judges. The petition, filed by senior lawyer Hamid Khan under Article 184(3) of the Constitution, contended that the transfers violated constitutional provisions and lacked transparency due to the absence of publicly provided detailed reasons.
The petition also questioned aspects of the 27th Constitutional Amendment, arguing that amendments to Articles 184(3) and 175(2) were unconstitutional. Both the federal government and the Judicial Commission of Pakistan have been named as respondents in this case.
Legal experts observe that this dispute highlights ongoing tensions within Pakistan’s judicial system, particularly concerning the balance between provincial representation, institutional autonomy, and the authority of the Judicial Commission of Pakistan in matters of judicial appointments and transfers.
