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• Questions institutional necessity for proposed transfers, warns against far-reaching implications
• Allows JCP secretary to proceed with requisition
ISLAMABAD: Chief Justice of Pakistan (CJP) Yahya Afridi, who also serves as Chairperson of the Judicial Commission of Pakistan (JCP), has cautioned that transferring Justice Khadim Hussain Soomro from the Islamabad High Court (IHC) to the Sindh High Court (SHC) could undermine key constitutional principles, particularly federalism and equitable representation.
In his response to informal requests by IHC Chief Justice Sardar Muhammad Sarfraz Dogar, the CJP warned that such transfers would reduce judicial appointments to temporary, reversible administrative decisions rather than constitutionally grounded placements.
The IHC chief justice had requested a JCP meeting on April 28 to consider transferring five judges from the IHC to other high courts.
The proposed transfers included Justice Mohsin Akhtar Kiani to the Lahore High Court, Justice Babar Sattar to the Peshawar High Court, Justice Arbab Tahir to the Balochistan High Court, and Justice Saman Rafat Imtiaz and Justice Soomro to the SHC. Although the CJP had earlier declined these suggestions, an undated requisition signed by five JCP members was submitted to the JCP secretariat on April 7.
Under Article 175A(22) of the Constitution, the JCP chairman is required to convene a meeting within 15 days if at least one-third of members submit a requisition.
While raising substantive objections to the proposed transfers, CJP warned that the move would affect constitutional balance and have far-reaching implications.
Referring specifically to Justice Soomro, who had been transferred from the SHC to the IHC in February 2025 under Article 200, the CJP argued that reversing such a transfer defeats the purpose of promoting federalism, inclusivity, and equitable representation in the superior judiciary. He noted that the earlier transfers were made with careful consideration of linguistic diversity and representation of federating units.
The CJP warned that moving both Justice Soomro and Justice Imtiaz back to the SHC would leave Sindh without representation in the IHC, thereby negating the intent behind earlier judicial placements.
He also questioned the institutional necessity behind the proposed transfers, noting the absence of any stated reasons. Without justification, such moves could assume a punitive character, effectively amounting to the removal of judges without due process. He emphasised that transferring five out of nine IHC judges without replacing them would create significant vacancies, potentially leading to fresh appointments and further instability.
Highlighting the broader implications, the CJP said such large-scale transfers could create judicial uncertainty and erode public trust in the administration of justice. He stressed that the Constitution provides a clear mechanism under Article 209 for addressing allegations or concerns against judges through the Supreme Judicial Council.
According to the CJP, any transfer that effectively functions as a removal from office cannot bypass this constitutional framework. Allowing such actions would enable what the Constitution explicitly prohibits: removing judges through indirect administrative means rather than established legal procedures.
He said that permitting such transfers would set a dangerous precedent, normalising the idea that judges are interchangeable or disposable. This, he said, would harm judicial independence, institutional integrity, and public trust. He stated that the proposed transfers, due to their apparent punitive nature and lack of justification, were inconsistent with the constitutional scheme governing the judiciary and the intent of Article 200.
For these reasons, he added, the requisition to convene a JCP meeting for the transfers could not be supported. However, he clarified that the JCP secretary may still proceed with convening the meeting in compliance with Article 175A(22), as required by the Constitution.
Published in Dawn, April 25th, 2026
