SC petition challenges IHC judges’ transfer, cites threat to judicial independence

ISLAMABAD: A petition filed in the Supreme Court of Pakistan on Thursday challenged the transfer of three judges from the Islamabad High Court, arguing that the move violates constitutional principles and undermines judicial independence.

The plea, submitted by Irfan Hayat Bajwa through senior lawyer Hamid Khan, contended that the transfers were carried out without publicly disclosed reasons or criteria, raising concerns over transparency and procedural safeguards. It argued that such actions contravene Article 2A of the Constitution of Pakistan, which enshrines the independence of the judiciary as a fundamental principle.

Earlier, the Judicial Commission of Pakistan approved the inter-provincial transfers of Justice Mohsin Akhtar Kayani to the Lahore High Court, Justice Babar Sattar to the Peshawar High Court, and Justice Saman Rafat Imtiaz to the Sindh High Court.

The petition further questioned the legality of the transfers under Article 200 of the Constitution of Pakistan, arguing that the absence of defined criteria renders the process arbitrary and liable to be struck down. It maintained that judicial independence is part of the Constitution’s “basic structure,” warning that any erosion of it would weaken the constitutional framework.

Additionally, the plea raised objections to the 27th Constitutional Amendment of Pakistan, terming it unconstitutional and alleging that it alters judicial jurisdiction without a proper mandate. It questioned whether powers of the Supreme Court could be transferred to a proposed federal constitutional court and whether such a court could adjudicate matters related to its own establishment.

The petitioner also argued that large-scale transfers without immediate replacements could cause institutional disruption and erode public confidence in the judiciary.

The controversy follows recent changes to Article 200, which removed the requirement of a judge’s consent for transfer and empowered inter-provincial relocation on the recommendation of the Judicial Commission.

Notably, the transferred judges were among those who had earlier raised concerns over alleged interference in judicial affairs and had also questioned the elevation of Sarfraz Dogar as chief justice of the Islamabad High Court.

The petition has urged the Supreme Court to declare the transfers unconstitutional and provide clear interpretation of constitutional provisions governing judicial appointments and transfers.