The president of Pakistan has approved the transfer of a judge each from Lahore, Sindh and Balochistan High Courts to Islamabad High Court (IHC). Following this approval, the Federal Department of Justice has issued the official notification.
President Asif Ali Zardari sanctioned transfers under Article 200 of the Constitution, after which the Ministry of Justice formalized the decision through an official notification.
According to the message, justice Sarfraz Dogar from Lahore High Court has been transferred to Islamabad High Court. Similarly, justice Khadim Hussain Somro from Sindh High Court and Justice Muhammad Asif from Balochistan High Court has also been awarded to IHC.
Concerns over judicial appointments
Previously, five judges in Islamabad High Court had written a letter to Chief Justice of Pakistan and the most important judge in the respective high courts who expressed their concern about the appointment of judges from other courts to IHC. The letter, signed by senior judge Justice Mohsin Akhtar Kayani and others, emphasized that the judges should not be appointed from other high courts, but rather from the senior judges in IHC himself.
Court sources confirmed that copies of the letter were also sent to the president of Pakistan, Chief Justice and Chief Justices in Lahore, Sindh and Islamabad High Courts.
Historical precedent of transfers
This is not the first time that the judges from other high courts have been transferred to IHC. Previously, three judges from various high courts have been appointed head of Islamabad High Court. In February 2008, Justice Sardar Aslam was transferred from Lahore High Court and appointed Chief Justice of IHC. Similarly, Justice M. Bilal Khan was transferred in 2009 from Lahore High Court to Islamabad as Chief Justice. Later, during the 18th amendment, Justice Iqbal Hameed-Ur-Rehman was transferred and appointed to Chief Justice under Article 200 of the Constitution.
Islamabad Bar Council condemns transfers
Islamabad Bar Council has strongly condemned the transfer of judges from other provinces to Islamabad High Court and announced a movement against the decision. It stated that Islamabad wore Council, Islamabad High Court Bar and the Islamabad District Bar Association would hold a joint press conference to tackle the question.
In an official statement, Islamabad stated Council that the recent review issued by the Ministry of Law and Justice is an attack on legal independence and undermines the representation and rights of the Legal Brotherhood in Islamabad. The Council opposed the decision and promised to withstand further interference with legal affairs.
The controversy of these transfers highlights ongoing concerns within the judiciary regarding external appointments and independence of judicial institutions.
