Law ministry notifies transfer of three IHC judges to other high courts
ISLAMABAD: The Ministry of Law and Justice has officially notified the transfer of three judges from the Islamabad High Court (IHC) to different provincial high courts under Article 200 of the Constitution, following approval from the Judicial Commission of Pakistan (JCP).
According to the notification issued on Wednesday, President Asif Ali Zardari, acting on the recommendation of the JCP, approved 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.
A separate government summary confirmed that the JCP had approved the transfers by majority vote during its meeting held on April 28.
Under Article 200 of the Constitution, the president may transfer a high court judge on the recommendation of the JCP, while recent amendments have removed the requirement of the judge’s consent. The revised provisions also state that refusal to accept a transfer may lead to proceedings before the Supreme Judicial Council.
The development has triggered strong reactions from legal bodies in Islamabad. The Islamabad Bar Council (IBC) expressed concern over what it described as a lack of transparency and absence of uniform criteria in the transfer process, calling for a structured and consistent rotation policy for judges.
The IBC said that isolated or selective transfers could undermine public confidence in the judiciary and stressed that any such system must be free from arbitrariness and external influence.
Similarly, the Islamabad High Court Bar Association (IHCBA) acknowledged that judicial transfers fall within constitutional authority but emphasized the need for transparency, uniformity, and a principled framework to ensure fairness in judicial administration.
The transfers come amid ongoing institutional tensions within the IHC in recent years, including disputes over judicial administration, bench formation, and court management. Several judges involved in earlier objections to judicial matters and appointments have been affected by the latest reshuffle.
The IHC has undergone significant administrative changes in recent years, including restructuring of key committees and adjustments in internal decision-making authority, which have been a point of contention among some members of the bench.
Legal observers say the latest transfers are likely to further intensify debate over judicial independence, administrative reforms, and the evolving role of the Judicial Commission in shaping the higher judiciary.
