Transfer of five judges: CJP rejects IHC CJ’s request to convene JCP meeting

ISLAMABAD: Chief Justice of Pakistan Justice Yahya Afridi has reportedly rejected the chief justice of the Islamabad High Court’s request to convene a meeting of the Judicial Commission of Pakistan (JCP) to transfer five judges of IHC, said the sources.

However, Secretary of the Commission can still call meeting, which is expected on April 28, if the majority of members approve. Article 175A (22) of the Constitution provides that upon receipt of a requisition, signed by one-third members of the Commission, as in the present case, the Chairman is to convene a meeting of the Commission within 15 days.

The sources said the CJP, in a letter to the IHC chief justice, wrote that permitting such transfers would set an undesirable and potentially far-reaching precedent, effectively normalising the treatment of Judges as administratively interchangeable or disposable.

“Such an approach would carry serious implications for the institutional integrity of the judiciary, while also eroding public confidence in its independence and stability.

More importantly, the proposed transfers, if allowed, would in substance assume a punitive character vis-a-vis the transferred judges: an outcome that finds no sanction anywhere in the constitutional scheme governing the superior judiciary, is wholly alien to the purpose of Article 200 of the Constitution, and runs contrary to the foundational principles of judicial independence and security of tenure. For the foregoing reasons, the Requisition for convening a meeting of the Commission for transfer of the concerned judges of the Islamabad High Court, respectfully, cannot be acceded to by the undersigned,” mentioned the letter.

The sources said that CJ IHC Sardar Muhammad Dogar informally requested Justice Yahya to requisition a meeting of the Judicial Commission of Pakistan (the “Commission”) for the transfer of Judges, presently serving in the Islamabad High Court to other High Courts, which was declined by the CJP.

Thereafter, on 07th April 2026, the Secretariat of the Commission received by hand an undated requisition signed by five worthy members of the Commission, seeking to convene a meeting of the Commission for the transfer of five named Judges of the Islamabad High Court, as per the following details: i. Justice Mohsin Akhtar Kiani to Lahore High Court

ii. Justice Babar Sattar to the Peshawar High Court.

iii. Justice Arbab M Tahir to the Balochistan High Court.

iv. Justice Saman Rafat Imtiaz to the Sindh High Court and v. Justice Khadim Hussain Soomro to the Sindh High Court.

According to the letter, the requisition that seeks the transfer of Justice Khadim Hussain Soomro, presently serving in the Islamabad High Court (IHC), who was earlier transferred SHC in February 2025 under Article 200 of the Constitution, to promote the ideals of federalism, inclusivity, and equitable representation within the superior judiciary.

It also said the requisition seeks to transfer, inter alia, Justice Soomro and Justice Saman Rafat Imtiaz, both of whom belong to Sindh, from the IHC to the Sindh High Court. Such transfers would result in Sindh being left without any representation in the composition of the Bench of the IHC.

The letter also mentioned that the requisition seeks the transfer of five out of nine worthy judges of the IHC to other High Courts, without seeking, in exchange, the transfer of any respected justices from other High Courts. Such transfers would create multiple vacancies in the IHC, potentially leading to further requests for fresh appointments. Seeking the transfer of more than half of the existing strength of the Court would inevitably result in judicial uncertainty in filling these wantonly created vacancies and, more importantly, would erode public trust in the safe and efficient administration of justice at the IHC.

Copyright Business Recorder, 2026