The federal government has come forward to strongly defend the recent decision by the Judicial Commission of Pakistan. The decision was to transfer three judges from the Islamabad High Court. State Minister for Law and Justice Barrister Aqeel Malik made it clear that the transfers do not amount to any punishment. Instead, he described them as a normal rotation process. The bar councils have demanded this for a long time.
The Judicial Commission of Pakistan, chaired by Chief Justice Yahya Afridi, approved the transfers by majority vote. Justice Mohsin Akhtar Kayani will move to the Lahore High Court. Justice Babar Sattar will move to the Peshawar High Court. Justice Saman Rafat Imtiaz will move to the Sindh High Court. The commission also decided that any resulting vacancies would be filled only through further transfers. This would happen rather than fresh appointments.
Routine Rotation to Strengthen Judicial System
Barrister Aqeel Malik explained that such transfers follow the constitutional framework and the structure of judicial service. He pointed out that judges, like other officers, can be moved through proper commission processes. The minister stressed that no member of the JCP holds a subordinate position to another. He firmly rejected any suggestions that the move undermines the independence of the judiciary.
Malik added that Justice Saman Rafat Imtiaz, who originally belongs to Sindh, is simply returning to her home province. He noted that prolonged stays in one place sometimes lead to unnecessary groupings. Roots can also be formed. The system seeks to avoid this. “It is common knowledge that roots are formed,” he remarked. He also made it clear that the government had not tried to cut any roots of the judiciary.
The minister also addressed concerns about the process. He said the JCP carefully considered the written position submitted by Justice Babar Sattar. This happened even though the Constitution does not require formal hearings in such matters. Moreover, the presence of Chief Justice Afridi during the meeting showed his approval of the decisions taken.
Opposition Raises Concerns Over Judicial Independence
Despite the government’s defense, the move has drawn sharp criticism from the opposition. Pakistan Tehreek-e-Insaf Chairman Barrister Gohar Ali Khan called the transfers against the spirit of an independent judiciary. He argued that high courts already have full strength. So there was no urgent need for such changes. Gohar further claimed that transferring judges based on personal likes and dislikes amounts to an attack on the institution. This happens without properly hearing them.
The controversy first surfaced when IHC Chief Justice Sardar Sarfraz Dogar proposed the transfers. Earlier, Chief Justice Afridi had expressed concerns. He said that unjustified transfers could appear punitive and harm judicial autonomy. However, the JCP eventually moved forward after meetings under Article 175A of the Constitution.
This development has once again sparked debate about the balance between administrative needs and the protection of judicial independence in Pakistan. The government maintains that the decision strengthens the system. Critics worry it may create divisions within the higher judiciary.
