ISLAMABAD: Islamabad High Court’s Justice Babar Sattar is reported to have approached Chief Justice of Pakistan (CJP) Yahya Afridi, requesting a personal hearing before any decision regarding his transfer is finalized.
Justice Babar Sattar, whose name is among those being considered for transfer to provincial high courts, addressed a letter to CJP Yahya Afridi as he is also Chairman of the Judicial Commission. In the communique, Justice Sattar requested that he be heard personally by the Commission before the matter of his transfer is taken up.
Lawyers believe the request underscores the gravity of the proposed moves, which legal circles suggest could impact the professional standing and security of tenure of the concerned judges.
CJP Afridi Rejects ‘Disposable’ Treatment of Judges
The meeting comes amidst a sharp divide within the judiciary. Chief Justice Yahya Afridi has reportedly expressed strong reservations regarding the move to transfer IHC judges. In a strongly worded stance, the CJP snubbed the transfer move, asserting that judges are not “administratively interchangeable or disposable” assets.
According to reports, the CJP warned that permitting such transfers without concrete institutional necessity would set an “undesirable and potentially far-reaching precedent.” He argued that moving sitting judges could “in substance assume a punitive character,” which finds no sanction in the constitutional framework governing the superior judiciary. The Chief Justice further emphasized that such actions risk undermining judicial independence and eroding public confidence in the stability of the legal system.
https://archive.mmnews.tv/cjp-afridi-snubs-ihc-transfer-move-saying-judges-not-disposable/
Key Judges Under Consideration
The JCP session, requisitioned by a majority of its members, will consider the transfer of five out of nine total IHC judges. The list includes:
Senior Puisne Judge Justice Mohsin Akhtar Kayani (Proposed for Lahore High Court)
Justice Babar Sattar (Proposed for Peshawar High Court)
Justice Arbab Muhammad Tahir (Proposed for Balochistan High Court)
Justice Saman Rafat Imtiaz (Proposed for Sindh High Court)
Justice Khadim Hussain Soomro (Proposed for Sindh High Court)
Constitutional Stakes
The meeting is the first major test of the Judicial Commission’s expanded powers following recent constitutional amendments, which removed the requirement for a judge’s consent prior to transfer under Article 200. While the Commission now holds the authority to recommend these moves by a majority vote, the CJP has cautioned that the “spirit of federalism” and the representation of all provinces within the IHC must be preserved.
Lawyers’ bodies are closely watching today’s proceedings, as the outcome will likely define the future relationship between the federal high court and the Judicial Commission, as well as the practical application of judicial “security of tenure” in Pakistan.
