Judges Kayani and Saman Rafat Imtiaz signal departure amid amendment

Two judges of the Islamabad High Court (IHC) have hinted that they may not be available to hear cases in Islamabad from next month. These remarks came this week after the passage of the 27th Constitutional Amendment, which now allows the Judicial Commission to transfer high court judges without their consent.

On Wednesday, Justice Mohsin Akhtar Kayani made the first comment during a hearing involving a private company.
A lawyer asked him to fix the final arguments for the first week of December.
Justice Kayani replied that by that time, another judge would most likely be handling the case.

The lawyer expressed concern and said such statements created uncertainty. Justice Kayani smiled and said he was “happy about it.”
When the lawyer added that his absence would be a loss for younger lawyers, he again said he was comfortable with the situation.

A day earlier, Justice Saman Rafat Imtiaz made almost the same remark during another case.
When a counsel requested an adjournment for the next week, she said that her bench might not be available from December.

Earlier this year, five IHC judges — including Justices Kayani and Imtiaz — had strongly opposed the transfer of former Chief Justice Sardar Mohammad Sarfraz Dogar to the IHC.
Now, after the 27th Constitutional Amendment, concerns have increased because judges can be transferred even if they do not agree.

According to sources, high court judge transfers will take place in multiple phases.
The Islamabad High Court is expected to be the first to face these changes.
The recent comments from both judges suggest that bench reshuffling and new case assignments may begin very soon.