Business Recorder
ISLAMABAD: The Judicial Commission of Pakistan (JCP) on Tuesday, by majority, proposed transferring three Islamabad High Court (IHC) judges, with Justice Mohsin Akhtar Kiyani moving to Lahore High Court (LHC), Justice Babar Sattar to Peshawar High Court (PHC), and Justice Saman Rafat Imtiaz to Sindh High Court (SHC). However, the Commission members who had requisitioned the meetings for the proposed transfers of Justice Arbab M Tahir from the IHC to Balochistan High Court (BHC) and Justice Khadim Hussain Soomro from the IHC to SHC withdrew their respective proposals. The JCP, chaired by Chief Justice of Pakistan Yahya Afridi in his capacity as Chairman JCP, met in various compositions to consider proposals for transferring IHC judges to other high courts under Article 200 of the 1973 Constitution. READ MORE: Transfer of five judges: CJP rejects IHC CJ’s request to convene JCP meeting The meetings were convened by the Commission’s Secretary in exercise of powers conferred by clause (22) of Article 175A of the Constitution, as the JCP Chairman, while giving reason there for, declined to convene the meeting on the requisition by one third of the total members. CJP Yahya in a letter to the IHC Chief Justice Sardar Muhammad Sarfraz Dogar’s request to convene Commission’s meeting to transfer IHC five judges namely Justice Mohsin Akhtar Kiyani, Justice Babar Sattar, Justice Saman Rafat Imtiaz, Justice Arbab M Tahir and Justice Khadim Hussain Soomro. He raised an objection that permitting such transfers would set an undesirable and potentially far-reaching precedent, effectively normalizing the treatment of judges as administratively interchangeable or disposable. “Such an approach would carry serious implications for the institutional integrity of the judiciary, while also eroding public confidence in its independence and stability,” he added. The CJP further wrote that Justice Soomro was earlier transferred from the SHC to promote the ideals of federalism, inclusivity, and equitable representation within the superior judiciary. Therefore, his requisition is fundamentally inconsistent with the very purpose that informed the transfers to the IHC in February 2025. Justice Yahya also wrote that Justice Soomro and Justice Saman, both who belong to the Sindh, transfer would result in the Sindh being left without any representation in the composition of the Bench of the IHC. In terms of the first proviso to Clause (1) of Article 200 read with Article 175A of the Constitution, the respective Chief Justices of the concerned High Courts participated as members of the Commission for consideration of each proposed transfer. Earlier in the day, ahead of the JCP meeting, Justice Babar Sattar wrote a letter to Chief Justice Yahya Afridi, requesting that he be granted a personal hearing in the matter. In his letter, Justice Sattar maintained that under Article 200 of the Constitution, he should be afforded an opportunity to be heard before any decision on transfers is taken. His name is among the judges currently under consideration. Meanwhile, members of the Pakistan Tehreek-e-Insaf(PTI) attended the meeting after previously boycotting similar sessions prior to the 27th constitutional amendment. Speaking to the media, PTI Chairman and commission member Barrister Gohar Ali Khan said, “We will ask the commission to cancel the matter of judges’ transfers,” adding that the party would present its reservations before the forum. He said a decision had been taken not to boycott the meeting, noting that “over the past four years, institutional structures have been significantly affected,” and that “there is a need to strengthen the judiciary in the current situation.” Another commission member, PTI’s Senator Ali Zafar, questioned the process, saying, “Judges should not be transferred without reasons.” He said “there should be solid grounds for such transfers,” adding that rules should have been framed before proceeding with transfers, and described Justice Sattar’s letter as raising a “valid demand”. When asked whether the PTI and the chief justice were aligned on opposing the transfers, Zafar responded: “Yes, we support the stance of Justice Yahya.” Copyright Business Recorder, 2026
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