'Not a punishment': Govt defends JCP move to transfer IHC judges

• Aqeel defends transfers as administrative measure.
• JCP approved transfer of three IHC judges.
• Minister rejects claims judiciary roots were cut.

ISLAMABAD: The federal government has defended the Judicial Commission of Pakistan’s (JCP) decision to transfer three Islamabad High Court judges, with Minister of State for Law and Justice Barrister Aqeel Malik saying the move was “not a punishment” but part of an administrative rotation process long sought by bar councils.

Speaking on Geo News programme Aaj Shahzeb Khanzada Kay Sath, Malik said that the JCP's decisions were in accordance with the Constitution and law, and that no member of the commission is subordinate to another.

He said judges are part of the service structure of Pakistan and argued that if officers can be transferred through commission processes, judges can also be moved.

He said Justice Babar Sattar's written position had been placed before the commission, noting that the Constitution allows the commission to hear a judge if it deems it appropriate, but such a hearing is not mandatory.

Malik said that if the Chief Justice of Pakistan had not been in favour of convening the meeting, he would not have attended it, adding that a “wrong impression” was being created about the proceedings.

Commenting on individual cases, he said Justice Saman Rafat Imtiaz, who belongs to Sindh, was being transferred back to her home province, and added that rotation of judges was necessary to avoid groupings.

"It is common knowledge that roots are formed," he said, referring to prolonged postings, while adding that the government had not "cut the roots of the judiciary" and that no restrictions had been placed on judicial independence.

His remarks came after the JCP, in a meeting chaired by Chief Justice of Pakistan Yahya Afridi, approved by majority vote the transfer of Justice Mohsin Akhtar Kayani from the Islamabad High Court (IHC) to the Lahore High Court, Justice Babar Sattar to the Peshawar High Court, and Justice Saman Rafat Imtiaz to the Sindh High Court.

According to a statement issued by the commission, the meetings were convened by the JCP secretary under Article 175A after the chairman declined to convene a meeting on the requisition of one-third of the commission members, citing reasons.

The proposal for transfers originated from IHC Chief Justice Sardar Sarfraz Dogar, though the matter had sparked debate in judicial circles after Chief Justice Afridi earlier expressed constitutional and institutional concerns over transfers without clear justification, warning such moves could be seen as punitive and affect judicial autonomy.

The JCP also said proposals to transfer Justice Arbab M Tahir from IHC to the Balochistan High Court and Justice Khadim Hussain Soomro from IHC to the Sindh High Court were withdrawn by the members who had requisitioned them.

The commission further decided that vacancies created by the transfer of a high court judge would be filled through transfer only and would not be treated as vacancies for fresh appointments.

'Attack on judiciary'

Separately, Pakistan Tehreek-e-Insaf (PTI) criticised the transfer of IHC judges, saying that the move raised concerns over its implications for judicial independence.

Speaking to the media outside the top court, PTI Chairman Barrister Gohar said the transfer of judges was “against the concept of an independent judiciary” and argued that such decisions could lead to divisions within the judicial system.

He maintained that all high courts currently have a complete number of judges, questioning the need for transfers. “The transfer of judges is tantamount to dividing the judiciary,” he said.

“Judges’ transfer is not the job of any individual,” he said, adding that when judges took the oath, the Constitution stated they would not be transferred without their consent.

“Transferring judges on likes and dislikes without hearing their stance is an attack on the judiciary,” he added.