Concerns over judicial independence in Pakistan have resurfaced following objections raised by a senior judge regarding the practice of transferring judges between high courts. The matter has renewed debate on constitutional balance and institutional autonomy.
Concerns Over Transfer Policy
Justice Babar Sattar, recently moved from the Islamabad High Court (IHC) to the Peshawar High Court (PHC), warned that frequent transfers could affect judicial independence and place subtle pressure on judges.
According to Beyond Time News, he raised these concerns ahead of a Judicial Commission of Pakistan (JCP) meeting reviewing the transfer of judges.
Hearing Request Rejected
Justice Sattar reportedly requested a personal hearing before the transfer decision, but the commission did not approve it. He emphasized the need for transparent and fair procedures in judicial postings.
Govt Defends Transfer of IHC Judges
Warning on Institutional Impact
He cautioned that using transfers as a tool of influence could discourage independent decision-making and weaken confidence in the judiciary.
He also referred to constitutional provisions, stating they must not be applied in a way that enables pressure-driven transfers.
Conclusion
Despite raising objections, Justice Sattar stated he would comply with the decision of the Judicial Commission of Pakistan under the constitutional process. The issue continues to highlight concerns over safeguarding judicial independence and ensuring transparent administrative practices within the judiciary.
