In line with the Judicial Commission of Pakistan (JCP) decision, the Ministry of Law and Justice notified on Wednesday the transfer of three judges of the Islamabad High Court (IHC) to different high courts under Article 200 of the Constitution.
According to a notification issued by law ministry, the President of Pakistan approved the transfers on the recommendation of the Judicial Commission of Pakistan (JCP).
The notification read that Justice Mohsin Akhtar Kayani has been transferred 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 move comes a day after JCP approved the transfer of three judges to other high courts under Article 200 of the Constitution.
Chief Justice of Pakistan (CJP) and JCP Chairman Yahya Afridi chaired the commission meeting, which was convened by the JCP secretary in exercise of powers conferred by clause (22) of Article 175A of the Constitution.
The meeting was attended by Justice Aminuddin Khan, Justice Munib Akhtar, Justice Aamer Farooq, Justice Syed Hassan Azhar Rizvi, Law Minister Azam Nazir Tarar, Attorney General Mansoor Usman Awan, representative from Pakistan Bar Council Ahsan Bhoon, Farooq H Naek, Barrister Ali Zafar and Barrister Gohar Ali Khan.
The JCP further noted that the members who had requisitioned the meetings for the transfer of Justice Arbab M. Tahir from the Islamabad High Court to the Balochistan High Court, and Justice Khadim Hussain Soomro from the same court to the Sindh High Court, withdrew the respective proposals.
The commission further decided by majority 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 vacancy shall not, in any manner, be treated as a vacancy for initial appointment, said a press release.
Govt defends JCP move
Minister of State for Law Barrister Aqeel Malik has said that decisions taken by the JCP are in accordance with the Constitution and law, and that no member of the commission is subordinate to another.
Speaking on Geo News programme Aaj Shahzeb Khanzada Kay Saath on Tuesday, Malik said the authority to transfer judges rests with the JCP, not the executive, adding that the issue of judges’ rotation had also been demanded by bar councils.
He said the written position of Justice Babar Sattar had been placed before the commission, noting that the Constitution allows the commission to hear a judge if it considers it appropriate, but such a hearing is not mandatory.
Referring to Articles 200 and 175A of the Constitution, the minister said the commission comprises seven senior judges, including two chief justices, and representatives from both the government and the opposition, and that decisions are taken by majority. He rejected the perception that judicial transfers amount to punishment, saying the Constitution provides for such measures, adding that the transfers are aimed at strengthening the federal system. –Agencies
