National ( The cow news digital ) The transfer of three judges from the Islamabad High Court has been formally challenged in the Supreme Court of Pakistan, raising fresh legal and constitutional questions over the judicial transfer process.
The petition was filed by the Lahore High Court Bar Association through senior lawyer Hamid Khan under Article 184(3) of the Constitution. The plea argues that the transfer of judges is inconsistent with Article 2-A and lacks transparency, making the process constitutionally questionable.
According to the petition, no formal reasons were provided for the transfers, which has led to concerns regarding the legal basis and fairness of the decision. The application claims that transferring three judges from the Islamabad High Court to different high courts across the country is unconstitutional and undermines judicial independence.
The petition further stated that the Federal Constitutional Court, established under the 27th Constitutional Amendment, does not hold jurisdiction over this matter and therefore cannot hear the case.
The judicial transfers in question involve Justice Mohsin Akhtar Kayani, Justice Babar Sattar, and Justice Saman Rafat Imtiaz. According to the official notification issued by the Ministry of Law and Justice, Justice Mohsin Akhtar Kayani has been transferred from the Islamabad High Court to the Lahore High Court, Justice Babar Sattar to the Peshawar High Court, and Justice Saman Rafat Imtiaz to the Sindh High Court.
The transfers were approved by the Judicial Commission earlier this week through a majority decision. The move has already generated discussion in legal circles, with some experts questioning the rationale behind the transfers and their broader implications for the judiciary.
Legal observers believe the case could become a significant constitutional matter, as it directly concerns judicial independence, transparency, and the powers of constitutional institutions.
The Supreme Court’s response to the petition will likely shape future legal standards for judicial transfers in Pakistan. The matter is expected to receive considerable attention from the legal community as it moves forward.
