ISLAMABAD: The Judicial Commission of Pakistan (JCP) on Tuesday approved the transfer of Islamabad High Court (IHC) judges Justice Mohsin Akhtar Kayani to the Lahore High Court (LHC), Justice Babar Sattar to the Peshawar High Court (PHC) and Justice Saman Riffat Imtiaz to the Sindh High Court (SHC).
According to a statement issued by the Supreme Court of Pakistan (SCP), the JCP held a series of meetings today to consider the transfer of high court judges, with deliberations conducted under the chairmanship of Chief Justice of Pakistan Yahya Afridi.
“The meetings were convened by the secretary of the Judicial Commission of Pakistan in exercise of powers conferred by clause (22) of Article 175A of the Constitution, as the Chairman of the Commission, while giving reason therefor, declined to convene the meeting on the requisition by one third of the total members,” it said.
The statement said that the JCP deliberated on various transfer proposals, with the chief justices of the concerned high courts participating as members of the commission. The transfer decisions were made in accordance with the powers granted by the Constitution and the JCP’s procedural rules.
Additionally, proposals for the transfers of Justice Arbab Tahir and Justice Khadim Hussain Soomro were withdrawn by the members who had requisitioned them. The commission also decided, by a majority, that any vacancy created by a judge’s transfer would be filled through further transfers, rather than initial appointments.
Members of the Pakistan Tehreek-e-Insaf attended the meeting after previously boycotting similar sessions prior to the 27th Constitutional Amendment.
Speaking to the media, PTI Chairman and commission member Barrister Gohar Ali Khan said, “We will ask the commission to cancel the matter of judges’ transfers,” adding that the party would present its reservations before the forum.
He said a decision had been taken not to boycott the meeting, noting that “over the past four years, institutional structures have been significantly affected,” and that “there is a need to strengthen the judiciary in the current situation.”
Another commission member, PTI’s Senator Ali Zafar, questioned the process, saying, “Judges should not be transferred without reasons.”
He said “there should be solid grounds for such transfers,” adding that rules should have been framed before proceeding with transfers, and described Justice Sattar’s letter as raising a “valid demand”.
When asked whether the PTI and the chief justice were aligned on opposing the transfers, Zafar responded: “Yes, we support the stance of Chief Justice Yahya Afridi.”
