ISLAMABAD: The Supreme Court of Pakistan has pronounced its verdict in the judges transfer case, in which the transfer of judges to the Islamabad High Court has been declared constitutional by a majority of three to two.
In this judgment, Justice Muhammad Ali Mazhar, Justice Shahid Bilal and Justice Salahuddin Panhor voted in favor of the transfer, while Justice Naeem Afghan and Justice Shakeel Ahmed voted against it. The court ruled that under Article 200 of the Constitution, the President of Pakistan has the power to transfer a judge from one High Court to another, and this action will not be considered a new appointment.
The judgment further stated that this power of the President is completely separate and constitutional from the powers of the Judicial Commission, and the two powers are not in conflict with each other. The court also ordered that the decision on the seniority of the judges and the nature of the transfer (temporary or permanent) be sent to the President.
The court emphasized that the transfer of a judge is not possible without his consent and consultation with the concerned Chief Justices. The court also clarified that Justice Sardar Sarfaraz Dogar will continue to serve as the acting Chief Justice of the Islamabad High Court, and the notification issued by the President on February 1, 2025, falls within the constitutional ambit.
According to the court, matters of mutual seniority of judges in the High Courts fall within the jurisdiction of the Chief Justice, and judges can also be transferred from other provinces and areas to the Islamabad High Court within the constitutional limits. The Supreme Court has disposed of all the petitions filed against the transfer of judges.
