SC rules judges' transfers constitutional, dismisses petitions by 3-2 majority
Pakistan
Justice Muhammad Mazhar, Justice Shahid Bilal, Justice Safdar Ali Shah agreed in majority judgement
ISLAMABAD – The Supreme Court's constitutional bench has announced its reserved verdict in the judges’ transfer case, ruling that the transfer of judges is not unconstitutional.
The five-member bench, headed by Justice Muhammad Ali Mazhar, concluded hearings on the case earlier.
Justice Muhammad Ali Mazhar, Justice Shahid Bilal, and Justice Safdar Ali Shah Panwar agreed in the majority judgment, declaring that judges’ transfers are not unconstitutional.
Justice Mazhar announced the brief verdict, with the court rejecting the petitions related to judges’ seniority and transfers by a 3-2 majority.
During the proceedings, PTI founder Imran Khan’s lawyer, Idrees Ashraf, argued that Articles 200 and 175 of the Constitution should be interpreted harmoniously, as they appear to be in conflict.
Justice Mazhar remarked that the Judicial Commission has no authority over transfers. The lawyer responded that permanent transfers cannot be made to vacant judicial seats.
The Attorney General informed the court that a senior judge (ranked 3rd in Islamabad High Court) is enrolled with the Islamabad Bar Council.
Justice Naeem Afghan asked whether any past examples existed of judges being transferred under Article 200.
The Attorney General replied that there is no precedent for such transfers. He added that the President and Prime Minister have a limited role in the transfer process, which also involves Chief Justices, and that malicious intent cannot be attributed to this process.
Justice Mazhar noted that Article 200 outlines a complete procedure for judges' transfers. The Attorney General added that no challenge had been made against the Prime Minister’s advice or the business rules.
Lawyer Munir A. Malik told the court they had never claimed that the transferred judges were "deputationists," to which Justice Mazhar responded that the petition itself referred to the judges as such—questioning how they could be labeled that way.
With arguments from all parties concluded, the court reserved its decision.
Background
Justices Sarfraz Dogar, Muhammad Asif, and Khadim Hussain Soomro were transferred to the Islamabad High Court. Five judges of the IHC challenged these transfers in the Supreme Court, including Justices Mohsin Akhtar Kayani, Babar Sattar, Tariq Jahangiri, Sardar Ejaz Ishaq, and Saman Rafat Imtiaz.
Founding PTI Chairman Imran Khan and the Karachi Bar Association had also filed petitions against the judges' transfers and seniority issues.
A total of 19 hearings were held on the matter. The first hearing took place on April 17, while the petitions were filed on February 20.
