The Ministry of Law and Justice has officially announced the transfer of three judges from various provincial high courts to the Islamabad High Court (IHC). According to the notification, Justice Sarfraz Dogar from Lahore High Court, Justice Khadim Hussain Somro from Sindh High Court, and Justice Mohammad Asif from Balochistan High Court will now serve at IHC.
The transfers were confirmed following the approval of President Asif Ali Zardari. Justice Sarfraz Dogar, who was previously serving as the senior-most judge at Lahore High Court, will now be the second-highest judge at IHC, just below Chief Justice Aamir Farooq.
Justice Mohammad Asif, who was recently appointed as an additional judge at Balochistan High Court, and Justice Khadim Hussain Somro, who became a judge of Sindh High Court two years ago, are also part of this reshuffle. According to sources, Justice Khadim Hussain Somro will now be senior to Justice Saman Rafat in IHC’s seniority list.
Meanwhile, in a related development, a letter was sent by IHC judges to Chief Justice of Pakistan, Yahya Afridi, expressing concerns regarding the practice of transferring judges from other high courts to IHC. The letter emphasized that such transfers should be made only after meaningful consultation, and there should be clear reasons for bringing in judges from other courts. The judges also raised concerns about the impact on the seniority system and the proper selection process for the Chief Justice of IHC.
The letter from the IHC judges, signed by seven members, pointed out that under Article 200 of the Constitution, transfers between high courts should be carried out with caution and transparency. It also stressed that if judges were transferred from Lahore or Sindh High Courts to IHC with the aim of making them Chief Justice, it would undermine the Constitution and the judiciary’s independence.
The judges warned that allowing such transfers for the appointment of a new Chief Justice would be detrimental to the integrity of the judiciary. They also reminded that the recent 26th Constitutional Amendment did not authorize permanent transfers, and such actions could lead to significant consequences for the independence of the judiciary.
The judges further stated that while IHC had only 12 available seats, with 10 judges currently working, Lahore High Court has a larger backlog with 60 vacant seats. The judges also pointed out that IHC’s current work capacity is higher compared to Lahore High Court, further emphasizing the need for thoughtful and justified judicial appointments.
