The federal government has defended the recent transfer of judges from the Islamabad High Court (IHC). Officials insist the move is part of a routine administrative process rather than a punishment.
According to Beyond Time News, Minister of State for Law and Justice Barrister Aqeel Malik said judicial rotation has long been demanded by legal bodies. He emphasized that the decision does not undermine judicial independence.
Minister Aqeel Malik Explains the Decision
While speaking on a TV programme, Aqeel Malik stated that the Judicial Commission of Pakistan (JCP) acted within constitutional limits. He also clarified that no member of the commission holds authority over another.
In addition, he explained that judges are part of the country’s service structure. Therefore, like other officials, they can be transferred when required. He further noted that these transfers are administrative in nature, not disciplinary actions.
Regarding individual cases, Malik mentioned that Justice Babar Sattar’s written stance was presented before the commission. However, he pointed out that the Constitution does not require a hearing in every situation.
Read more:CJ Calls JCP Meeting Over Judge Transfers
Details of the Approved Transfers
Recently, the JCP approved the transfer of three judges through a majority vote. Justice Mohsin Akhtar Kayani will move to the Lahore High Court, while Justice Babar Sattar has been transferred to the Peshawar High Court. Meanwhile, Justice Saman Rafat Imtiaz will return to the Sindh High Court.
Moreover, Malik highlighted that Justice Saman Rafat Imtiaz belongs to Sindh. He explained that such rotations help maintain institutional balance and reduce the chances of long-term groupings within the judiciary.
Concerns Over Judicial Independence
Despite the government’s stance, the decision has sparked debate in legal circles. Some experts believe these transfers could raise concerns about judicial autonomy.
Earlier, Chief Justice of Pakistan Yahya Afridi had expressed reservations. Specifically, he warned that transfers without clear justification might appear punitive. As a result, such actions could affect the perception of judicial independence.
PTI Criticises the Move
On the other hand, Pakistan Tehreek-e-Insaf (PTI) strongly opposed the decision. Party Chairman Barrister Gohar described the transfers as harmful to judicial independence.
Furthermore, he argued that all high courts already have a full number of judges, which raises questions about the need for transfers. He also stated that moving judges without their consent goes against constitutional principles.
In addition, Barrister Gohar warned that such steps could create divisions within the judiciary. He ultimately described the move as an “attack on the judiciary.”
Conclusion
Overall, the transfer of IHC judges has triggered a nationwide debate. On one side, the government maintains that it is a routine administrative step. On the other hand, critics view it as a potential risk to judicial independence.
As discussions continue, the issue remains in focus, with legal experts and political leaders closely watching future developments.
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