Acting president approves transfer of three IHC judges

Acting President and Senate Chairman Syed Yousuf Raza Gilani on Wednesday officially approved the transfer of three judges from the Islamabad High Court to other high courts, following recommendations from the Judicial Commission of Pakistan (JCP), according to a press release. On the advice of the prime minister, the acting president has authorised the reassignment of Justice Mohsin Akhtar Kiani to the Lahore High Court, Justice Babar Sattar to the Peshawar High Court, and Justice Saman Rafat Imtiaz to the Sindh High Court. This comes a day after a majority vote by the JCP approved the transfers in a meeting chaired by Chief Justice Yahya Afridi at the Supreme Court. The transfers are part of ongoing judicial reshuffling, which has raised significant debate over the evolving judicial transfer process. Following the 27th Constitutional Amendment passed in November 2025, the requirement for a judge’s consent for inter‐court transfers was removed, giving the JCP the authority to recommend such moves. Critics argue that the amendment reduces the autonomy of judges by making their transfers administrative decisions rather than voluntary. Under the new provisions, judges who refuse a transfer may face proceedings before the Supreme Judicial Council under Article 209. The timing of these transfers is notable, as deliberations continue over the induction of new judges into the IHC. Prominent figures, including Ayyaz Shaukat, Usman G. Rashid Cheema, and Shahrukh Arjumand, are among those considered for elevation to the high court. Earlier, Chief Justice Afridi had raised concerns about the potential negative impact of these transfers, arguing that removing judges without their consent could set a dangerous precedent and undermine judicial independence. Despite these reservations, the JCP, with majority support, went ahead with the reshuffling, emphasizing the importance of balancing judicial autonomy with administrative needs. With the acting President’s formal approval, the transfers are now finalized, set to reshape the judicial landscape and affect caseload management across the high courts. Legal analysts are closely watching how these moves impact the dynamics within the judiciary, particularly as the IHC faces vacancies and structural changes amidst broader constitutional debates.

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