ISLAMABAD: Chief Justice of Pakistan, Yahya Afridi, has refused a plea from Islamabad High Court (IHC) Chief Justice Sarfraz Dogar to hold a Judicial Commission meeting regarding the transfer of judges. In his formal reply, the CJP expressed concerns rooted in constitutional and institutional principles, indicating that organizing such a meeting for a particular purpose was not feasible at this time.
In his statement, the top judge highlighted that relocating judges without valid reasons could be viewed as a form of punishment, potentially compromising the independence and autonomy of the judiciary. He further pointed out that no legitimate institutional need or justification had been provided for the transfers of IHC judges currently under consideration.
CJP Afridi also voiced apprehensions about the broader implications for the federal balance, specifically warning that the recall of judges from Sindh might disturb provincial representation in the IHC. He noted that the Islamabad High Court Act, 2010, could be negatively affected by the transfer decisions.
Expressing concern over the potential consequences of transferring a majority of judges—five out of nine—the chief justice noted that such actions could lead to instability within the judicial system and increase vacancies, thereby creating uncertainty. He reaffirmed that the Constitution, particularly Article 209, prescribes a clear procedure for disciplinary actions against judges, and unauthorized administrative transfers would be in violation of constitutional norms.
He cautioned against viewing judges as mere administrative officials who can be transferred arbitrarily, emphasizing that such practices could undermine the judiciary’s credibility. The CJP clarified that the authority to convene Judicial Commission meetings rests with the secretary of the commission and advised that any reasons behind such requests should be transparently shared with all members involved.
