The Lahore Bar Association (LBA) has filed a petition in the Supreme Court, challenging the transfer of judges to the Islamabad High Court (IHC). The petition argues that these transfers are unconstitutional and procedurally flawed, calling for the cancellation of the notification. The LBA contends that the decision undermines judicial independence and disrupts the seniority structure within the judiciary.
Key Requests in the Petition
The LBA has asked the Supreme Court to:
- Invalidate the ruling by Justice Aamir Farooq on judicial representation and the appointment of the Acting Chief Justice of IHC.
- Reassess the seniority list of IHC judges to ensure transparency and fairness.
- Prevent the transferred judges from assuming office until they formally take the oath.
- Establish that the seniority of the transferred judges be counted only from the date of their oath-taking, not the notification date.
Context of the Judicial Transfers
Prior to this petition, the Lahore High Court Bar Association (LHCBA) had also challenged these transfers through a petition under Article 184(3) of the Constitution. The petition named the President of Pakistan, the federal government, and four high courts as respondents, seeking the nullification of the transfer order.
In February, the Ministry of Law issued a notification confirming the transfer of three judges to the Islamabad High Court, following approval from President Asif Ali Zardari under Article 200 of the Constitution. The judges transferred are:
- Justice Sarfraz Dogar from the Lahore High Court
- Justice Khadim Hussain Soomro from the Sindh High Court
- Justice Muhammad Asif from the Balochistan High Court
Legal and Constitutional Concerns
Legal experts have raised concerns that such transfers could set a precedent affecting judicial autonomy. There are fears that executive involvement in such decisions may influence judicial impartiality and compromise the independence of the courts.
The case also brings into question the constitutional framework governing judicial transfers, particularly regarding the authority of the executive, the role of seniority, and procedural safeguards.
The Supreme Court’s decision on this matter will have long-term implications for judicial appointments and the independence of Pakistan’s judiciary, potentially shaping policies on future transfers.
