Yahya Afridi, Chief Justice of Pakistan, has formally rejected an appeal made by the Islamabad High Court. The appeal was to convene a meeting of the Judicial Commission concerning the transfer of a few judges. He feared that if judges are transferred without a proper reason, it would appear like punishing them.
This move stops the plan to reassign the federal court’s bench.
Protecting judicial independence and the federal balance
The Chief Justice mentioned that considering judges to be just administrative employees who can be transferred anytime was an extremely hazardous trend. It would set a dangerous precedent in the country.
He explained that transferring five out of the nine judges was going to result in immense vacancies. It would also create total uncertainty for the justice system of the country.
In addition, the head judge mentioned that the process of recalling judges from the Sindh province would affect the representation of this province in the Islamabad High Court. It is very important for the judiciary to maintain balance.
Adhering to constitutional mechanisms and proper procedures
However, there was already an existing solution for such matters under Article 209 of the Constitution.
Moreover, he instructed the secretary of the committee to make sure that future meeting request will provide sufficient reason. That reason will be disseminated to all members.
