The federal government has defended the Judicial Commission of Pakistan’s (JCP) decision to transfer three judges from the Islamabad High Court (IHC), stating that the move is part of an administrative rotation process and not a punitive action.
Minister of State for Law and Justice Barrister Aqeel Malik said the transfers were carried out in accordance with constitutional provisions and established legal procedures. Speaking on a television programme, he rejected concerns over judicial independence, arguing that judges, like other state officials, are subject to institutional processes that include transfers.
Malik said the JCP’s decisions were taken within its constitutional mandate and stressed that no member of the commission is subordinate to another. He added that judicial postings over extended periods often lead to institutional “roots,” making rotation necessary to maintain balance and prevent internal groupings within courts.
He also said that Justice Saman Rafat Imtiaz’s transfer to her home province was consistent with administrative practice, while asserting that the government had not interfered with judicial independence.
The remarks follow a JCP meeting chaired by Chief Justice of Pakistan Yahya Afridi, in which the commission approved the transfer of Justice Mohsin Akhtar Kayani to the Lahore High Court, Justice Babar Sattar to the Peshawar High Court, and Justice Saman Rafat Imtiaz to the Sindh High Court.
According to an official statement, the meeting was convened after procedural steps under Article 175A, following the submission of a requisition by members of the commission.
The proposal for transfers was originally initiated by Islamabad High Court Chief Justice Sardar Sarfraz Dogar. However, the process sparked debate within judicial circles, with earlier concerns raised about whether such transfers could be perceived as undermining judicial autonomy.
Separately, the Pakistan Tehreek-e-Insaf (PTI) strongly criticised the move, calling it inconsistent with the principle of an independent judiciary. PTI Chairman Barrister Gohar said judicial transfers should not be made without consent and warned that such actions could create divisions within the judicial system.
He further argued that all high courts currently have full benches and questioned the necessity of the transfers, describing the decision as an “attack on judicial independence.”