ISLAMABAD – The federal government has defended the Judicial Commission of Pakistan’s (JCP) decision to transfer three judges of the Islamabad High Court (IHC), terming it an administrative exercise rather than any punitive action.
Minister of State for Law and Justice Barrister Aqeel Malik said the transfers were carried out under constitutional and legal provisions and should not be viewed as disciplinary measures. He added that bar associations had long been calling for such rotation of judges to avoid prolonged postings at one place.
Malik said members of the JCP act independently and are not subordinate to one another, stressing that the process followed constitutional requirements. He further stated that judges, as part of the broader institutional structure, can also be transferred through a defined mechanism similar to other public officeholders.
Referring to Justice Babar Sattar’s position, the minister said his written stance had been submitted before the commission. He added that while the Constitution allows the commission to hear a judge if it deems necessary, such a hearing is not compulsory.
He also clarified that the Chief Justice of Pakistan attended the meeting, suggesting that misconceptions were being created regarding the proceedings. According to him, the rotation of judges is intended to prevent entrenched groupings within the judiciary that may arise due to long-term postings.
Commenting on the transfer of Justice Saman Rafat Imtiaz, Malik noted that she belongs to Sindh and is being posted back to her home province. He maintained that such adjustments are part of routine administrative practice and do not affect judicial independence.
His remarks came after the JCP, under Chief Justice of Pakistan Yahya Afridi, approved by majority vote the transfer 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.
According to the commission’s statement, the meeting was convened under Article 175A after being requisitioned by members, following the chairman’s refusal to call the session. It further stated that certain proposed transfers were later withdrawn by the requisitioning members.
The JCP also decided that vacancies created by transferred judges would be filled through further transfers rather than fresh appointments.
Separately, Pakistan Tehreek-e-Insaf (PTI) criticised the move, terming it harmful to judicial independence. PTI Chairman Barrister Gohar said the transfers raised serious concerns and could create divisions within the judiciary, arguing that judges should not be moved without consent and proper hearing.
