JCP approves transfer of IHC's Justice Mohsin Kayani, Justice Babar Sattar and Justice Saman Riffat

Justice Kayani transferred to LHC, Justice Sattar to PHC, Justice Riffat to SHC

ISLAMABAD:

The Judicial Commission of Pakistan (JCP) on Tuesday approved the transfer of Islamabad High Court (IHC) judges Justice Mohsin Akhtar Kayani to the Lahore High Court (LHC), Justice Babar Sattar to the Peshawar High Court (PHC) and Justice Saman Riffat Imtiaz to the Sindh High Court (SHC).

According to a statement issued by the Supreme Court of Pakistan (SCP), the JCP held a series of meetings today to consider the transfer of high court judges, with deliberations conducted under the chairmanship of Chief Justice of Pakistan Yahya Afridi.

"The meetings were convened by the secretary of the Judicial Commission of Pakistan in exercise of powers conferred by clause (22) of Article 175A of the Constitution, as the Chairman of the Commission, while giving reason therefor, declined to convene the meeting on the requisition by one third of the total members," it said.

The statement said that the JCP deliberated on various transfer proposals, with the chief justices of the concerned high courts participating as members of the commission. The transfer decisions were made in accordance with the powers granted by the Constitution and the JCP's procedural rules.

Additionally, proposals for the transfers of Justice Arbab Tahir and Justice Khadim Hussain Soomro were withdrawn by the members who had requisitioned them. The commission also decided, by a majority, that any vacancy created by a judge’s transfer would be filled through further transfers, rather than initial appointments.

Also Read: CJP raises alarm over judge transfers

Members of the Pakistan Tehreek-e-Insaf attended the meeting after previously boycotting similar sessions prior to the 27th Constitutional Amendment.

Speaking to the media, PTI Chairman and commission member Barrister Gohar Ali Khan said, “We will ask the commission to cancel the matter of judges’ transfers,” adding that the party would present its reservations before the forum.

He said a decision had been taken not to boycott the meeting, noting that “over the past four years, institutional structures have been significantly affected,” and that “there is a need to strengthen the judiciary in the current situation.”

Another commission member, PTI's Senator Ali Zafar, questioned the process, saying, “Judges should not be transferred without reasons.”

He said “there should be solid grounds for such transfers,” adding that rules should have been framed before proceeding with transfers, and described Justice Sattar’s letter as raising a “valid demand”.

When asked whether the PTI and the chief justice were aligned on opposing the transfers, Zafar responded: “Yes, we support the stance of Chief Justice Yahya Afridi.”

Read More: CJ summons JCP meeting on judges' transfer

Last week, CJP Afridi had opposed the proposed transfer of the five judges to other high courts, cautioning that such a move could undermine judicial independence and set an undesirable precedent.

It was learned that JCP members were divided over the proposals. Sources had told The Express Tribune that a strong section within the government and the legal fraternity was opposing the transfer of Justice Soomro and Justice Tahir.

Explaining his opposition, CJP Afridi had said convening the JCP meeting within 15 days in such circumstances would be inappropriate, warning that allowing such transfers could normalise the treatment of judges as interchangeable.

"Such an approach would carry serious implications for the institutional integrity of the judiciary, while also eroding public confidence in its independence and stability. More importantly, the proposed transfers, if allowed, would in substance assume a punitive character vis-à-vis the transferred judges: an outcome that finds no sanction anywhere in the constitutional scheme governing the superior judiciary, is wholly alien to the purpose of Article 200 of the Constitution, and runs contrary to the foundational principles of judicial independence and security of tenure," says CJP Afridi.

He further noted that the requisition sought the transfer of Justice Soomro, who had already been moved from the SHC to the IHC in February 2025 under Article 200 to promote federalism and equitable representation.

"That being the stated rationale of his initial transfer, it is apparent that the present request is fundamentally inconsistent with the very purpose that informed the transfers to the IHC in February 2025."

Discord in IHC ranks

The development marks the first instance of the 27th Amendment, approved in November last year, being applied directly to the high courts. This follows amendments to Article 200, which remove the requirement of obtaining a judge’s consent prior to transfer and empower the relocation of high court judges between provinces on the recommendation of the Judicial Commission.

The three judges who were transferred were also among the six Islamabad High Court judges who had written a letter to the Supreme Judicial Council, seeking guidance on how to counter alleged interference by intelligence agencies in their affairs.

Earlier this year, in February, when Justice Sardar Sarfraz Dogar was elevated to the position of Islamabad High Court chief justice from the Lahore High Court, the same three judges were among a group of five who refused to accept his elevation. They raised concerns regarding his seniority and questioned the legitimacy of his appointment.

Despite these reservations, Justice Dogar took oath as the Islamabad High Court chief justice just a week later. However, the five judges who had expressed their concerns did not attend the oath-taking ceremony, despite being formally invited.

Babar Sattar, a prominent legal analyst known for his outspoken views, was part of Justice Qazi Faez Isa’s legal team that had challenged the presidential reference filed against him.

Meanwhile, Justice Saman, who had been heading the Islamabad High Court’s harassment committee, was removed from her position last year after taking cognisance of a complaint filed by lawyer Imaan Mazari. The complaint followed a verbal altercation at court involving Islamabad High Court Chief Justice Sarfraz Dogar.

The complaint called for an inquiry under the Protection Against Harassment of Women at the Workplace Act to determine whether the chief justice had made gender-based or threatening remarks towards Mazari. Instead, Justice Saman was removed from her role, and Justice Inaam Ameen Minhas was appointed as the new head of the court’s harassment committee.