PTI leaders criticise judicial transfers, call move ‘attack on judiciary’
Pakistan Tehreek-e-Insaf (PTI) leaders Gohar Ali Khan and Ali Zafar on Tuesday strongly criticised the recent transfer of judges across high courts, terming the move unconstitutional and damaging to judicial independence, reported 24NewsHD TV channel.
Speaking to the media outside the Supreme Court of Pakistan, Barrister Gohar Ali Khan described April 28, 2026, as a “sad day for the independent judiciary,” alleging that the transfers amounted to a “sharp attack” on the judicial system.
He said the transfers of Babar Sattar to the Peshawar High Court, Mohsin Akhtar Kayani to the Lahore High Court, and Saman Rafat Imtiaz to the Sindh High Court were carried out through a majority decision, despite concerns over their legality.
Gohar further noted that the proposed transfers of Justice Arbab Tahir and Justice Khadim Hussain Soomro had been dropped. He argued that the judiciary was being “divided” through such decisions and stressed that rules governing judicial transfers should have been formulated before implementing them.
Referring to constitutional provisions, he maintained that judges should not be transferred without their consent and said that moving judges without hearing their position amounted to an attack on judicial independence.
He also criticised the timing of rule-making, stating that decisions regarding procedures were taken only after the 26th Constitutional Amendment during the first meeting of the Judicial Commission of Pakistan.
Barrister Gohar also raised concerns about the treatment of PTI’s founding chairman, saying he was taken to a hospital at night for an injection. He demanded that the PTI founder and Bushra Bibi be allowed medical care from their personal doctors, adding that sidelining a popular political leader was detrimental to the country’s functioning.
Separately, Barrister Ali Zafar outlined three conditions under which a judge’s transfer could be justified: administrative necessity, absence of malice, and due process. He said transferring an expert judge to a place of need could be permissible, but any transfer carried out with malicious intent would be unconstitutional.
He added that a third scenario—transferring judges without providing reasons or an opportunity to be heard—had now emerged, which he described as unprecedented and unlawful. “The Constitution does not allow a judge to be picked up and sent elsewhere without being heard,” he said.
Ali Zafar termed the transfers akin to punitive actions and warned that treating judges like civil servants or police officials would erode public trust in the judiciary. He said PTI representatives opposed the decisions within the commission but lacked the majority to block them, reiterating that the process adopted was unconstitutional.
Reporter: Amanat Gishkori