Mazaj News (Web Desk) The Judicial Commission of Pakistan (JCP), during a meeting chaired by Chief Justice of Pakistan Yahya Afridi, has approved the transfer of three judges from the Islamabad High Court (IHC) to different provincial high courts.
According to an official statement issued on Tuesday, the commission approved—by majority vote—the transfer of Justice Mohsin Akhtar Kayani to the Lahore High Court (LHC), Justice Babar Sattar to the Peshawar High Court (PHC), and Justice Saman Rafat Imtiaz to the Sindh High Court (SHC).
The JCP said the meeting was convened by its secretary under Clause 22 of Article 175A of the Constitution. It noted that the chairman of the commission had initially declined to call the meeting despite a requisition from one-third of its members, citing reasons for his decision.
The proposal to transfer the judges had been initiated by IHC Chief Justice Sardar Sarfraz Dogar, who requested that the matter be placed before the commission for consideration.
The issue had already sparked discussion within judicial circles. Earlier, Chief Justice Yahya Afridi had rejected a request from the IHC chief justice to hold a meeting specifically on judicial transfers, raising concerns related to constitutional procedure and institutional independence.
In his written response, CJP Afridi stated that convening a commission meeting for a limited or specific agenda was not appropriate. He also cautioned that transferring judges without proper justification could be viewed as punitive in nature and might affect judicial independence.
He further emphasized that the Constitution provides a defined process under Article 209 for dealing with judges, and that administrative transfers must remain consistent with constitutional safeguards.
In today’s statement, the commission also noted that members who had sought consideration of transferring Justice Arbab M. Tahir from IHC to the Balochistan High Court (BHC) and Justice Khadim Hussain Soomro from IHC to SHC later withdrew those proposals.
The JCP further decided, through majority approval, that any vacancy created due to the transfer of a high court judge will only be filled through transfer. Such vacancies will not be treated as openings for fresh or initial appointments.