‘Outspoken’ trio of IHC judges transferred

The present government has secured another victory on the judicial front by succeeding in transferring three outspoken judges of the Islamabad High Court (IHC) to different provincial high courts.

The Judicial Commission of Pakistan (JCP), by majority, approved the transfer of Justice Mohsin Akhtar Kayani to the Lahore High Court (LHC), Justice Babar Sattar to the Peshawar High Court (PHC), and Justice Saman Riffat Imtiaz to the Sindh High Court (SHC).

The JCP secretary convened the meeting on Tuesday after Chief Justice of Pakistan (CJP) Yahya Afridi declined to summon it.

It is learnt 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 learnt that the JCP’s judicial members—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 favour of the transfers.

The three IHC judges were signatories to a famous letter written to the Supreme Judicial Council (SJC) seeking guidance on alleged interference by agencies in judicial functions.

Since former CJP Qazi Faez Isa’s tenure, judges associated with that letter have allegedly faced pressure through various means.

After the 26th Constitutional Amendment, the present government succeeded in its first plan last February by transferring three judges from different high courts to the IHC.

Justice Sardar Muhammad Sarfraz Dogar’s transfer was particularly crucial. Everything was done with CJP Afridi’s consent, and the SC even endorsed these transfers in the IHC.

Subsequently, the government succeeded in appointing Justice Dogar as IHC chief justice.

During the meeting, CJP Yahya Afridi remained firm on his earlier stance and opposed the transfer of IHC judges to different high courts. However, he could not convince the commission’s judicial members.

One JCP member told The Express Tribune that the commission, by majority, opposed suggesting rules before transferring judges from one high court to another.

Even the majority did not support the idea that valid reasons should be recorded for transferring judges from one high court to another. It is learnt that the majority also did not agree that the JCP should hear judges before transferring them.

It is learnt that Justice Babar Sattar had written a letter to the JCP seeking the right to a hearing before any decision regarding his transfer to another high court.

After reviewing the letter’s contents, one commission member said, “It was appropriate not to hear Justice Babar Sattar.”

Barrister Salahuddin Ahmed said six IHC judges had mustered the courage to object to intelligence agencies telling them how to decide cases. One repented and was forgiven, one was dismissed, 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 endorsed it in their verdict—now regret their role or not. However, the nation will keep regretting 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 attempting to hide the farce.

“In Saman Riffat Imtiaz, a judge who was celebrated as a diverse addition to the federal court, is being sent back to her province of birth without any reasons being given.”

“In Babar Sattar, a judge who does not want to be transferred, is being sent to a court whose chief does not want him. No reasons are being provided,” Jaferii said, adding that superior court judges are signing off on these transfers and not giving any reasons.

“Without an independent judiciary, one cannot have a functioning democracy or a functioning economy. Our politicians, as usual, 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 learnt that during the meeting, members who had requisitioned the proposals for transferring Justice Arbab Tahir from the IHC to the Balochistan High Court, and Justice Khadim Hussain Soomro from the IHC to the SHC withdrew the proposals.

The commission has dampened lawyers’ hopes, as a majority of its total membership held that any vacancy arising from the transfer of a judge from one high court shall be filled through transfer only, and such vacancy shall not, in any manner, be treated as a vacancy for initial appointment.