Govt notifies transfer of three IHC judges after JCP approval

ISLAMABAD: The Ministry of Law and Justice on Wednesday notified the transfer of three judges of the Islamabad High Court (IHC) to different high courts, in line with a decision taken by the Judicial Commission of Pakistan (JCP).

According to the notification, the President of Pakistan approved the transfers on the recommendation of the commission under Article 200 of the Constitution.

As per the decision, Justice Mohsin Akhtar Kayani has been transferred to the Lahore High Court, Justice Babar Sattar to the Peshawar High Court, and Justice Saman Rafat Imtiaz to the Sindh High Court.

The move follows a JCP meeting chaired by Chief Justice of Pakistan Yahya Afridi, which was convened under Article 175A of the Constitution. The meeting was attended by senior judges, government representatives and members of the legal fraternity.

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During the session, proposals for the transfer of two other judges were withdrawn by the members who had initially requisitioned them.

The commission also decided by majority that any vacancy arising from the transfer of a high court judge would be filled through transfer only and would not be treated as a vacancy for fresh appointment.

Defending the decision, Minister of State for Law Aqeel Malik said the JCP’s actions were fully in line with constitutional provisions, stressing that the authority to transfer judges rests with the commission, not the executive.

He added that judicial rotation had also been a longstanding demand of bar councils and rejected the notion that transfers amount to punishment, saying the Constitution provides for such measures to strengthen the federal system.