A legal challenge to the recent transfers of three Islamabad High Court (IHC) judges is now before the Supreme Court of Pakistan, raising concerns about constitutional guarantees and judicial independence.
Petition Alleges Lack of Transparency
The petition, filed on Thursday by Lahore Bar Association President Irfan Hayat Bajwa through senior counsel Hamid Khan, argues the transfers of Justices Babar Sattar, Mohsin Akhtar Kayani, and Saman Rafat Imtiaz were conducted “without any publicly disclosed reasons, criteria, or demonstrable institutional necessity.” The filing further alleges a “lack of transparency and absence of procedural safeguards” in the process.
Justices Sattar and Kayani are slated to begin their duties at the Peshawar High Court (PHC) and Lahore High Court (LHC) respectively. Justice Imtiaz has been transferred to the Sindh High Court. The transfers were approved by the Judicial Commission of Pakistan (JCP) on April 28 and formally notified by the law ministry on April 29.
Constitutional Concerns Raised
The petition questions the legality of the transfers under Article 200 of the Constitution, asserting that a lack of defined criteria renders the process “arbitrary, opaque, and liable to be set aside.” It likewise challenges the constitutionality of the 27th Constitutional Amendment, claiming changes affecting judicial jurisdiction were unlawful and a “fraud on the electorate,” alleging Parliament lacked the authority to enact such measures.
The petition further challenges the transfer of the Supreme Court’s jurisdiction to a newly created Federal Constitutional Court, questioning its ability to adjudicate matters related to its own creation.
The petitioner requests the Supreme Court declare the transfers unconstitutional and issue directives clarifying the constitutional framework governing judicial appointments, and transfers. Court rosters released Thursday confirm the transferred judges will begin hearing cases at their new postings next week. Justice Kayani is scheduled to sit as a single bench judge at the LHC, while Justice Sattar will participate in a division bench at the PHC.
Frequently Asked Questions
What is the basis of the legal challenge?
The petition argues the transfers were carried out without publicly disclosed reasons, criteria, or demonstrable institutional necessity, alleging a lack of transparency and procedural safeguards.
Which judges were transferred?
Justices Babar Sattar and Mohsin Akhtar Kayani were transferred from the IHC to the Peshawar High Court and Lahore High Court, respectively. Justice Saman Rafat Imtiaz was moved to the Sindh High Court.
When were the transfers approved?
The transfers were approved by the Judicial Commission of Pakistan on April 28 and notified by the law ministry on April 29.
As the Supreme Court considers this petition, the future of these judicial appointments – and the broader implications for judicial independence in Pakistan – remain uncertain.