Justice Mohsin Akhtar Kayani has been transferred to the Lahore High Court, igniting a fierce debate over judicial accountability and administrative authority in Pakistan.
This decision came early Tuesday, following approval by Acting President Yusuf Raza Gilani on the Prime Minister’s advice. The transfers were recommended by the Judicial Commission of Pakistan (JCP) under Article 200 of the Constitution.
Justice Kayani, known for his rulings in human rights cases, was previously elevated to the Islamabad High Court in December 2015. His transfer is part of a broader set of decisions regarding high court judges made by the JCP.
Concerns have emerged regarding the nature of these transfers. The Islamabad Bar Council indicated that they might be perceived as punitive actions against judges who have been critical of government policies.
Chief Justice Yahya Afridi remarked that the proposed transfers appeared “penal” in nature. Hafeezullah Yaqoob added that the transferred judges “became victims of their own behaviour.”
Justice Kayani has openly criticized the 27th Amendment, which adds layers to this contentious situation. Notably, he ruled that husbands must return the entire dowry to wives upon divorce.
Officials have not confirmed whether these transfers were conducted without judges’ consent or formal proceedings. Barrister Qasim Nawaz Abbasi stated that transfers should not be used as a tool for victimization.
Minister of State for Law Barrister Aqeel Malik defended the JCP’s actions, asserting that they align with constitutional law. The ongoing dialogue surrounding these events highlights significant tensions within Pakistan’s judiciary.
