JCP moves three judges to provincial HCs Kayani, Sattar, Imtiaz transferred from IHC CJP Afridi objects fail
ISLAMABAD:
The current government has secured yet another victory on the judicial front by succeeding in transferring three outspoken judges from the Islamabad High Court (IHC) to various provincial high courts.
The Judicial Commission of Pakistan (JCP) approved by majority the transfer of Justice Mohsin Akhtar Kayani to Lahore High Court (LHC), Justice Babar Sattar to Peshawar High Court (PHC) and Justice Saman Riffat Imtiaz to Sindh High Court (SHC).
The JCP secretary called the meeting on Tuesday after Chief Justice of Pakistan (CJP) Yahya Afridi refused to call it.
It is learned that the JCP approved the transfer of Justice Kayani and Justice Imtiaz by a majority of 11 to 4. However, the transfer of Justice Sattar was approved by 10 to 5.
Interestingly, PHC Chief Justice Syed Muhammad Attique Shah opposed Justice Sattar’s transfer because it would affect the seniority of some PHC judges.
It is learned that the judicial members of the JCP – Federal Constitutional Court (FCC) Chief Justice Amin-ud-Din Khan, Justice Hasan Azhar Rizvi, Justice Aamer Farooq and IHC Chief Justice Sardar Muhammad Sarfraz Dogar – voted in favor of the transfers.
The three IHC judges had signed a famous letter written to the Supreme Judicial Council (SJC) seeking guidance on alleged interference by agencies in judicial functions.
Since the tenure of former CJP Qazi Faez Isa, judges in connection with this letter have allegedly been subjected to pressure in various ways.
After the 26th constitutional amendment, the present government succeeded in its first plan in February last year by transferring three judges from different high courts to the IHC.
Referee Sardar Muhammad Sarfraz Dogar’s transfer was particularly crucial. Everything was done with CJP Afridi’s consent and SC even approved these transfers in IHC.
Subsequently, the government succeeded in appointing Justice Dogar as the IHC Chief Justice.
During the meeting, CJP Yahya Afridi remained firm on his earlier stand and opposed the transfer of IHC judges to various high courts. However, he could not convince the commission’s judges.
A JCP member told The Express Pakinomist that the commission, by majority, opposed proposing rules before transferring judges from one high court to another.
Even the majority did not support the idea that valid reasons should be given to move judges from one high court to another. It is learned that the majority also did not agree that the JCP should consult judges before transferring them.
It is learned that Justice Babar Sattar had written a letter to the JCP seeking the right to be heard before any decision regarding his transfer to another high court.
After reviewing the contents of the letter, a commission member said, “It was appropriate not to hear Justice Babar Sattar.”
Barrister Salahuddin Ahmed said six IHC judges had plucked up the courage to object to intelligence agencies telling them how to decide cases. One repented and was forgiven, one was fired, and now three have been forcibly transferred.
He said it was a sad day for all those who believe in an independent judiciary.
“It is not clear whether Justice Isa who turned a blind eye to their letter, or Justice Afridi who initiated the first round of retaliatory transfers, or the Supreme Court judges who approved it in their judgment – now regret their role or not. However, the nation will continue to regret this decision for decades to come,” he said.
Abdul Moiz Jaferii Advocate stated that the ability to transfer judges without their consent reduces the Judiciary to a plaything of the executive and that is exactly what the executive is doing right now – playing with independent judges and not even trying to hide the farce.
“In Saman Riffat Imtiaz, a judge who was celebrated as a diverse addition to the Federal Court is sent back to his province of birth without giving any reason.”
“In Babar Sattar, a judge who does not want to be transferred is sent to a court whose boss does not want him. No reasons are given,” Jaferii said, adding that high court judges sign off on these transfers and give no reasons.
“Without an independent judiciary, you cannot have a functioning democracy or a functioning economy. As usual, our politicians will learn this lesson when it is too late – when they need these judges they have sent off to the provinces,” he adds.
Meanwhile, it is learned that members who had requisitioned the proposals to transfer Justice Arbab Tahir from IHC to Balochistan High Court and Justice Khadim Hussain Soomro from IHC to SHC withdrew the proposals.
The commission has dampened the hopes of lawyers as a majority of its total membership held that any vacancy arising on the transfer of a Judge from one High Court shall be filled only through transfer and such vacancy shall in no way be treated as a vacancy for the first appointment.
