Senior lawyer Hamid Khan has approached the Supreme Court on behalf of the Lahore High Court Bar Association, challenging the transfer of judges from the Islamabad High Court (IHC) to other high courts.
According to the petition, the transfer of judges violates Article 2-A of the Constitution. “There is a lack of transparency in the process of judges transfer as no reasons are given for it.”
The Federation and the Judicial Commission of Pakistan have been made parties in the case, which has been filed under Article 183(3).
The petitioner argued that changes made through the 27th Amendment, including amendments to Articles 175 and 184, are unconstitutional. “The transfer of three judges of the IHC to different high courts has been unconstitutional”.
The petition further stated that the Supreme Court’s jurisdiction cannot be transferred to the Federal Constitutional Court, adding that the new court itself is a result of the 27th Amendment and therefore cannot hear the case.
It was also argued that the transfers were made possible after changes to Article 200 following the amendment.
The development comes after Acting President Yusuf Raza Gilani approved the transfer of three IHC judges to different high courts.
Following the approval, the Ministry of Law and Justice issued a notification stating that Justice Mohsin Akhtar Kayani has been transferred to the Lahore High Court, Justice Babar Sattar to the Peshawar High Court, and Justice Saman Rafat Imtiaz to the Sindh High Court.
Earlier, the Judicial Commission had also approved the transfer of these judges.
