LHC Bar Moves Supreme Court Against Transfer of Three IHC Judges

The Lahore High Court Bar has formally challenged the transfer of three Islamabad High Court (IHC) judges to different provincial high courts in the Supreme Court on Thursday, raising serious constitutional concerns over the decision.

Hamid Khan, representing the LHC Bar Association, filed the petition in the apex court, questioning the legality and transparency of the judges’ transfer process.

According to the petition, the move violates Article 2-A of the Constitution, with the petitioner arguing that “there is the lack of transparency in the process of judges transfer as no reasons given for it.”

The Federation of Pakistan and the Judicial Commission have been made respondents in the case, which has been filed under Clause III of Article 183 of the Constitution.

The petitioner further contended that amendments under the 27th Constitutional Amendment, including changes to Articles 184 and 175, are unconstitutional. It was argued that “the transfer of three judges of the IHC to different high courts, has been unconstitutional.”

The petition also raises objections to jurisdictional changes, stating that the Supreme Court’s hearing powers cannot be transferred to the Federal Constitutional Court. It further notes that changes to Article 200 after the 27th Amendment enabled such judicial transfers, which are now being legally challenged.

The Acting President Yusuf Raza Gilani recently approved the transfer of three judges following the recommendation of the Judicial Commission. Under the notification issued by the Ministry of Law and Justice, Justice Mohsin Akhtar Kayani was transferred to the Lahore High Court, Justice Babar Sattar to the Peshawar High Court, and Justice Saman Rafat Imtiaz to the Sindh High Court.

The case is expected to raise significant constitutional and judicial interpretation questions regarding the authority and procedure of judicial transfers in Pakistan.