Justice Babar Sattar was transferred from the Islamabad High Court to the Peshawar High Court on April 28, 2026. This decision has raised serious concerns about judicial independence amid allegations of executive interference.
The Judicial Commission of Pakistan (JCP) approved the transfer by a majority vote of 10 to 5. This move is part of a broader series of changes involving three judges, all known for their outspoken views on judicial matters.
Legal experts criticize the lack of transparency surrounding these transfers. Lawyers’ bodies have expressed concerns about the absence of uniform criteria for such decisions.
The transfers were executed under Article 200 of the Constitution, which recently underwent amendments removing the requirement for a judge’s consent before their transfer. Justice Sattar had previously requested a hearing before his transfer was finalized.
Within hours of the approval, many observers noted that these actions might be retaliatory in nature. The three judges involved had recently voiced concerns about interference by intelligence agencies in judicial affairs.
Experts argue that such isolated transfers damage public confidence in the judiciary. “Isolated and non-uniform transfers, undertaken without any disclosed objective criteria, damage public confidence and judicial integrity,” stated a representative from the Islamabad Bar Council.
Furthermore, Abdul Moiz Jaferii Advocate emphasized that an independent judiciary is crucial for democracy and economic stability. He warned that transferring judges without their consent reduces the judiciary to a tool of the executive.
As this situation unfolds, it remains unclear how these changes will affect public trust in the judicial system. The next significant ruling from these courts could set important precedents.