ISLAMABAD – The Lahore High Court Bar Association (LHCBA) has approached the Supreme Court of Pakistan against the transfer of three judges of the Islamabad High Court, filing a constitutional petition through senior lawyer Hamid Khan.
The petition, submitted under Article 183(3) of the Constitution, argues that the judges’ transfer process violates constitutional principles, particularly Article 2A, and was carried out without transparency or recorded justification.
It maintains that no reasons were disclosed for the transfer of the judges, raising questions over the legality, fairness, and procedural validity of the decision. The petition has named the federal government and the Judicial Commission of Pakistan as respondents.
According to the plea, shifting judges from the Islamabad High Court to other provincial high courts is unconstitutional and undermines established judicial norms. It further argues that recent constitutional amendments affecting judicial structure are inconsistent with the basic framework of the Constitution.
The petition also challenges changes introduced through the 27th Constitutional Amendment, contending that alterations to Articles 184(3) and 175(2) are not in line with constitutional guarantees. It adds that the proposed federal constitutional court cannot assume the jurisdiction of the Supreme Court, as such a transition would exceed constitutional limits.
The filing notes that the transfers were approved following amendments to Article 200, but claims that jurisdictional questions surrounding the newly proposed judicial framework remain unresolved.
The development follows a decision by the Judicial Commission of Pakistan, chaired by Chief Justice Yahya Afridi, which approved the transfer of three judges from the Islamabad High Court to different high courts across the country.
Under the approved arrangement, Justice Mohsin Akhtar Kayani has been moved to the Lahore High Court, Justice Babar Sattar to the Peshawar High Court, and Justice Saman Rafat Imtiaz to the Sindh High Court.
Earlier, Islamabad High Court Chief Justice Sardar Sarfraz Dogar had proposed the transfers and requested a meeting of the commission to deliberate on the matter.
The issue had already sparked debate within legal circles, with concerns raised over judicial independence and the implications of administrative transfers. It was argued in discussions that such moves, if not properly justified, could be perceived as punitive and may affect judicial autonomy.
Following the commission’s approval, the Ministry of Law and Justice issued a notification confirming that the President had formally endorsed the transfers under Article 200 of the Constitution, thereby implementing the decision.
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