ISLAMABAD: The Supreme Court has been asked to declare that the process of judicial transfers must be transparent, consultative, and justified in the public interest.
Founding chairman Pakistan Tehreek-e-Insaf (PTI) Imran Khan on Thursday filed a petition before the Supreme Court under Article 184 (3) of the Constitution, challenging the recent transfer of judges, calling it “unconstitutional and unlawful”.
The federal government and the registrars of all provincial and Islamabad High Courts have been cited as respondents in the case.
The former prime minister has requested the Court to declare the notification regarding judges’ transfer as null and void. He prayed before the Court to ensure compliance with legal precedents, including the landmark Al-Jehad Trust case, which set guidelines for judicial appointments and transfers.
The petition emphasises that judicial transfers must adhere to constitutional principles and must not be influenced by external pressures. It also calls for a strict observance of judicial autonomy.
The challenge comes amid heightened tensions between Imran’s party and the government, with the judiciary often at the centre of political controversies. Legal experts believe the case could test the Supreme Court’s stance on judicial independence.
Imran’s legal team argues that the move could impact fair trials and judicial neutrality, urging the top court to intervene immediately.
Last month, the judges of the Islamabad High Court (IHC) decided to challenge the rejection of their representation.
The representation seeks the restoration of the previous seniority structure of the IHC. Additionally, the petition will request the annulment of the decision issued by IHC Chief Justice Aamer Farooq, who had dismissed the representation.
Chief Justice Aamer Farooq had previously upheld the placement of three transferred judges to the IHC from three other high courts, affirming their rankings at the second, ninth and 12th positions in the seniority list.
The chief justice ruled that the transferred judges did not require a fresh oath and that their seniority would be counted from the date of their first oath in the high court. Accordingly, the new seniority list of IHC judges will remain unchanged.
On February 1, the judges’ strength at the IHC increased with the transfer of Justice Sarfaraz Dogar from the Lahore High Court (LHC), Justice Khadim Hussain Soomro from the Sindh High Court (SHC) and Justice Muhammad Asif from the Balochistan High Court.
Copyright Business Recorder, 2025