ISLAMABAD: The head of a constitutional bench (CB) of the Supreme Court has highlighted that the transfer of a judge from one high court to another cannot be completed without the consent of all involved parties. Justice Muhammad Ali Mazhar, who is leading the five-member bench, explained that while the president has the authority to transfer a judge, the process can be halted if the concerned judge, the chief justice of the respective high courts, or the Chief Justice of Pakistan disagree with it.
The comments were made during the ongoing hearing of petitions filed against the transfer of three provincial high court judges to the Islamabad High Court (IHC) in February this year. These petitions also challenge changes made to the IHC’s seniority list. Barrister Salahuddin, representing the five IHC judges who opposed the transfer, argued that Article 200 of the Constitution applies only to a specific sub-section and that judicial transfers do not affect seniority the way transfers in civil service do.
Punjab Advocate General Amjad Pervez submitted a historical record of judicial transfers from 1947 to 1976, though he acknowledged that his office was not a party to the case. The bench noted that the advocate general should have followed the Attorney-General’s lead in presenting arguments.
The court has instructed all counsels to conclude their arguments by Tuesday, with the hearing adjourned until today.
