Judges’ transfer case: SC registrar, JCP secretary file statements

ISLAMABAD: The Registrar Supreme Court of Pakistan submitted that under Article 200 (1) of the Constitution, the President may transfer a judge of a High Court to another High Court with his consent and after consultation by the President with the Chief Justice of Pakistan and the Chief Justices of both the relevant High Courts.

The SC Registrar and Secretary Judicial Commission of Pakistan (JCP) on Saturday filed statements regarding the transfer of judges from three provincial High Courts to the Islamabad High Court (IHC).

A five-member Constitutional Bench, headed by Justice Muhammad Ali Mazhar, will resume hearing of the IHC five judges, Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan, Karachi and Lahore Bar Associations from April 22, 2025.

Three judges namely Justice Sardar Muhammad Sarfraz Dogar from Lahore High Court, Justice Khadim Hussain Soomro from Sindh High Court, and Justice Muhammad Asif from Balochistan High Court were transferred to the IHC on 1st February, 2025, through a notification, issued under clause (1) of Article 200 of the Constitution.

Five judges of Islamabad High Court (IHC) namely Justice Mohsin Akhtar Kayani, Justice Tariq Mahmood Jahangri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan and Justice Saman Rafat Imtiaz, on February 22, 2025 had approached the Supreme Court against the transfer of judges from three provincial High Courts – Lahore, Sindh and Balochistan and their seniority position.

SC Registrar Muhammad Salim Khan in his reply further stated that in view of the mechanism laid out in Article 200 (1) consultation/ concurrence of the Chief Justice of Pakistan was sought by the Ministry of Law and Justice vide letter dated 01-02-2025. The said consultation/concurrence was duly provided/ conveyed by the Chief Justice of Pakistan on 01-02-2025.

JCP Secretary Niaz Muhammad Khan submitted in his statement that the mandate of the JCP is laid out in Article 175A of the Constitution. It stated that the Commission being a constitutional body is primarily tasked with the appointment of judges of the Supreme Court of Pakistan, High Courts and the Federal Shariat Court.

Copyright Business Recorder, 2025