Judicial Commission of Pakistan approves transfer of three IHC judges
- Decision follows an amendment to Article 200 of the Constitution
The Judicial Commission of Pakistan (JCP) on Tuesday approved the transfer of three judges from the Islamabad High Court to other provincial high courts.
According to a press release, the meeting was held at the Supreme Court, presided over by Chief Justice Yahya Afridi. The transfers were approved by majority vote.
According to the handout, Justice Mohsin Akhtar Kiani has been 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 commission also agreed that any vacancies created by these moves will be filled through transfer and not treated as openings for fresh appointments, signalling a preference for internal reshuffle over expanding the judiciary.
Proposals to transfer Justice Arbab M. Tahir to the Balochistan High Court and Justice Khadim Hussain Soomro to the Sindh High Court were withdrawn by their proponents during the meeting.
These developments unfold against the backdrop of significant constitutional change. The 27th Amendment to the Constitution, passed by Parliament in November 2025, reconfigured the framework for judicial appointments and transfers.
Previously, under the original Article 200 of the Constitution, a high court judge could not be moved to another court without consenting to the transfer.
The amendment removed this consent requirement and explicitly empowered the JCP to recommend inter‑court transfers without the judge’s agreement, including provisions that a judge who refuses such a transfer may face proceedings before the Supreme Judicial Council under Article 209.
Chief Justice Afridi had publicly expressed concerns ahead of the JCP meeting, warning that extensive transfers without immediate replacements could destabilise the judiciary and undermine federal and provincial balance.
The transfers come as deliberations continue over the induction of new judges to the Islamabad High Court, where several prominent lawyers and serving district judges are being considered for elevation.
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