LHC Bar challenges IHC judges' transfer in Supreme Court
Petition filed by Hamid Khan cites lack of transparency and reasons for transfers: Transfers of three judges approved earlier by the acting president and judicial commission
The transfer of three judges from the Islamabad High Court (IHC) has been challenged in the Supreme Court of Pakistan (SC), with a petition seeking to have the move declared unconstitutional, 24NewsHD TV channel reported on Thursday.
According to the report, the plea was filed by the Lahore High Court Bar Association (LHCBA) through senior lawyer Hamid Khan, naming the federal government and the Judicial Commission of Pakistan (JCP) as respondents.
The petition argues that the transfer of judges is against Article 2A of the Constitution of Pakistan and claims there was a lack of transparency in the process. It further states that no reasons were provided for the transfers.
The development follows a decision approved on 29 April by Acting President Yousaf Raza Gilani, after which the Ministry of Law and Justice Pakistan issued a formal notification.
Under the notification, Senior Judge Mohsin Akhtar Kayani has been transferred to the Lahore High Court. Meanwhile, Justice Babar Sattar has been moved to the Peshawar High Court and Justice Saman Rafat Imtiaz to the Sindh High Court.
The transfers of three judges were based on a decision made earlier in the week by the Judicial Commission of Pakistan, chaired by the Chief Justice of the Supreme Court, Justice Yahya Afridi.
Sources said nine members of the commission supported the transfers, while four opposed them, indicating a divided opinion within the Judicial Commission of Pakistan.
The LHC Bar's petition appealed the Supreme Court to declare the transfers of the IHC judges unconstitutional and to review the process followed in making the decision.
Reporter: Amanat Gishkori