A lawyer filed a petition in the Peshawar High Court challenging the transfer of three Islamabad High Court judges. The petition claims these transfers undermine judicial independence and violate constitutional provisions.
The Judicial Commission of Pakistan approved the transfers on April 28, 2026, and the federal law ministry notified them on April 29, 2026.
Justice Mohsin Akhtar Kayani was transferred to the Lahore High Court. Justice Babar Sattar moved to the Peshawar High Court. Justice Saman Rafat Imtiaz was reassigned to the Sindh High Court.
The petitioner requests that the Peshawar High Court suspend the Judicial Commission’s decision until the case is resolved. The petition argues that these actions violate Articles 2-A and 175(3) of the Constitution.
Irfan Hayat Bajwa criticized the transfers, stating they were executed without publicly disclosed reasons or criteria. He emphasized that such actions threaten judicial independence.
Advocate Hastham Khan Khalil, representing the petitioner, stated that “the actions of the respondents were contrary to the mandate and requirements of Articles 2-A and 175(3) of the Constitution.”
The Islamabad High Court has not issued a formal seniority list of judges following these transfers. This lack of transparency raises further questions about the process.
The petition names both the federal government and the JCP secretary as respondents. It seeks to declare the Judicial Commission’s decision un-Islamic, unconstitutional, and illegal.
Observers note that judicial independence forms part of the Constitution’s Basic Features. Erosion of this principle could have far-reaching implications for Pakistan’s legal system.
The next ruling on this matter is anticipated shortly as legal discussions continue in Peshawar.
