The Judicial Commission of Pakistan (JCP) on Tuesday approved the transfer of three judges from the Islamabad High Court (IHC) to other high courts.
According to an official handout, Chief Justice of Pakistan Yahya Afridi chaired a meeting of the commission at the Supreme Court.
“The meetings were convened by the secretary of the JCP in exercise of powers conferred by clause (22) of Article 175A of the Constitution, as the chairman of the Commission, while giving reason therefor, declined to convene the meeting on the requisition by one-third of the total members,” it said.
The statement said the commission approved the transfer of Justice Mohsin Akhtar Kiani to the Lahore High Court (LHC), the transfer of Justice Babar Sattar to the Peshawar High Court (PHC) and the transfer of Justice Saman Rafat Imtiaz to the Sindh High Court (SHC).
The statement said that the transfers were approved by the majority.
The JCP also decided that any vacancy arising as a result of the transfer of a judge from a high court “shall be filled through transfer only”, and such a vacancy “shall not, in any manner, be treated as a vacancy for initial appointment”, the handout said.
The statement also said that the member who had requisitioned the meetings for the proposed transfer of Justice Arbab M. Tahir from the IHC to the Balochistan High Court, Justice Khadim Hussain Soomro from the IHC to the SHC, “withdrew the respective proposals”.
The transfers from the IHC follow an amendment to Article 200 of the Constitution, which empowers the JCP to recommend such transfers without requiring the consent of the judges concerned.
Prior to the amendment, introduced through the 27th Constitution Amendment, a judge’s consent was mandatory for transfer from one high court to another. The revised provision has now vested this authority in the JCP.
It also stipulates that a judge who refuses to accept a transfer may face proceedings under Article 209 before the Supreme Judicial Council.
The transfers have come at a time when deliberations are under way for the induction of new judges to the IHC. Several prominent lawyers are being considered for elevation, including Ayyaz Shaukat, a former advocate general and tax law expert who was recently appointed chairman of the Social Media Protection and Regulatory Authority. Other names under consideration include Usman G. Rashid Cheema, Umair Majeed Malik, and Sultan Mazhar Sher Khan.
In addition to members of the bar, two serving district and sessions judges, Shahrukh Arjumand and Humayun Dilawar, are also among the leading candidates for elevation to the IHC.
More to follow
