ISLAMABAD: PTI founder Imran Khan has filed a constitutional petition in the Supreme Court of Pakistan, challenging the transfer of judges from other provinces to the Islamabad High Court (IHC).
The petition, filed under Article 184(3) of the Constitution, alleged the transfers were a deliberate attempt to undermine judicial independence and manipulate the judiciary for political gains.
The petition, submitted by Mr Khan’s legal team, raised serious concerns over the transfer of three judges from provincial high courts to the IHC in February.
The transferred judges included justices Sardar Muhammad Sarfraz Dogar, Khadim Hussain Soomro and Muhammad Asif from Lahore, Sindh and Balochistan high courts, respectively.
Justice Dogar has since been appointed the interim chief justice of IHC.
Former prime minister Khan, who is currently incarcerated in the Adiala Jail, Rawalpindi, argued that these transfers were made without transparency, proper consultation, or valid public interest justification.
The petition claimed the transfers were part of a broader strategy to pack courts with judges favourable to the executive, thereby compromising the judiciary’s independence.
The independence of the judiciary was a “cornerstone of Pakistan’s democratic system,” the petition said, adding the transfers were made to punish judges who had previously resisted external pressures and decided cases on merit, particularly those involving Mr Khan himself.
The petition cited the example of former IHC chief justice Aamir Farooq, who was “rewarded” with an appointment to the Supreme Court after refusing to recuse himself from cases where Mr Khan was an accused.
The petition also pointed out that the transfers “disrupted the seniority of judges”, with freshly transferred judges being placed in key positions, including the acting chief justice of IHC, without taking the required oath.
It “undermined” the institutional integrity of the judiciary and eroded public confidence in the judicial system.
The petition raised constitutional questions, including the lack of transparency and due process and whether the transfer of judges without specifying reasons or periods was arbitrary and violated the principles laid down by the Supreme Court in the Al-Jehad Trust Case. Mr Khan emphasized that judicial transfers must be conducted with a clearly stated public interest rationale.
The failure to provide such justification “renders the notification illegal and unconstitutional,” the petition said while referring to the Law Ministry’s notification issued on February 1 confirming the transfer.
The petition warned that unchecked powers of transfer could lead to the arbitrary reshuffling of judges to influence key judicial decisions, thereby compromising judicial neutrality.
The PTI founder requested the apex court to declare the February 1 notification as illegal, unlawful, and unconstitutional and direct the respondents to ensure judicial independence and transparency in judicial transfers.
