President approves transfer of three judges to Islamabad High Court

President Zardari approved transfers under Article 200, followed by the Law Ministry's official notification

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The President of Pakistan has approved the transfer of one judge each from the Lahore, Sindh, and Balochistan High Courts to the Islamabad High Court (IHC). Following this approval, the Federal Ministry of Law has issued the official notification.

President Asif Ali Zardari sanctioned the transfers under Article 200 of the Constitution, after which the Ministry of Law formalized the decision through an official notification.

According to the notification, Justice Sarfraz Dogar from the Lahore High Court has been transferred to the Islamabad High Court. Similarly, Justice Khadim Hussain Soomro from the Sindh High Court and Justice Muhammad Asif from the Balochistan High Court have also been reassigned to the IHC.

Concerns over judicial appointments

Previously, five judges of the Islamabad High Court had written a letter to the Chief Justice of Pakistan and the Chief Justices of respective high courts, expressing their concerns over the appointment of judges from other courts to the IHC. The letter, co-signed by senior judge Justice Mohsin Akhtar Kayani and others, emphasized that judges should not be appointed from other high courts but rather from among the senior judges of the IHC itself.

Judicial sources confirmed that copies of the letter were also sent to the President of Pakistan, the Chief Justice, and the Chief Justices of the Lahore, Sindh, and Islamabad High Courts.

Historical precedents of transfers

This is not the first time that judges from other high courts have been transferred to the IHC. Previously, three judges from different high courts have been appointed as Chief Justices of the Islamabad High Court. In February 2008, Justice Sardar Aslam was transferred from the Lahore High Court and appointed Chief Justice of the IHC. Similarly, Justice M. Bilal Khan was transferred in 2009 from the Lahore High Court to Islamabad as Chief Justice. Later, under the 18th Amendment, Justice Iqbal Hameed-ur-Rehman was transferred and appointed as Chief Justice under Article 200 of the Constitution.

Islamabad Bar Council condemns transfers

The Islamabad Bar Council has strongly condemned the transfer of judges from other provinces to the Islamabad High Court, announcing a movement against the decision. It stated that the Islamabad Bar Council, Islamabad High Court Bar, and Islamabad District Bar Association would hold a joint press conference to address the issue.

 

In an official statement, the Islamabad Bar Council declared that the recent notification issued by the Ministry of Law and Justice is an attack on judicial independence and undermines the representation and rights of the legal fraternity in Islamabad. The council firmly opposed the decision and vowed to resist any further interference in judicial matters.

The controversy surrounding these transfers highlights ongoing concerns within the judiciary regarding external appointments and the independence of judicial institutions.