Judicial Commission of Pakistan ‘likely’ to recommend transfer of five IHC judges

ISLAMABAD: As many as five judges of the Islamabad High Court (IHC) are likely to be transferred to provincial high courts, sources familiar with the development said.

The Judicial Commission of Pakistan (JCP) has convened its maiden meeting on April 28 to deliberate on the transfer of judges following an amendment to Article 200 of the Constitution, which now empowers the commission to recommend such transfers without requiring the consent of the judges concerned.

Prior to the amendment, introduced through the 27th Constitution Amendment, a judge’s consent was mandatory for transfer from one high court to another. The revised provision has now vested this authority in the JCP.

According to sources, the judges under consideration for transfer include IHC’s senior puisne judge Justice Mohsin Akhtar Kayani, Justice Babar Sattar, Justice Arbab Muhammad Tahir, Justice Saman Rafat Imtiaz, and Justice Khadim Hussain Soomro.

Commission to hold maiden meeting on April 28 under amended law that empowers it to recommend transfer of judges without their consent

Justice Tahir previously served as Adv­o­­cate General of Balochistan before his elevation to the IHC, while Justice Soo­m­­ro, originally a judge of the Sindh High Court, was transferred to the IHC in Feb­ruary last year under Article 200. Both are expected to be considered for transfer back to their respective provinces.

The remaining judges may be transferred to the Lahore High Court and the Peshawar High Court, sources added.

The proposed transfers come at a time when deliberations are underway for the induction of new judges to the IHC. Several prominent lawyers are being considered for elevation, including Ayyaz Shaukat, a former advocate general and tax law expert who was recently appoi­­n­ted chairman of the Social Media Pro­tection and Regulatory Authority. Other names under consideration inclu­­de Usman G. Rashid Cheema, Umair Maje­­ed Malik, and Sultan Mazhar Sher Khan.

In addition to members of the bar, two serving district and sessions judges, Shahrukh Arjumand and Humayun Dilawar, are also among the leading candidates for elevation to the high court.

Sources indicated that these appointments are likely to follow a proposed re­­shuf­fle involving the transfer of sitting IHC judges.

The 27th Amendment has significantly altered the framework governing judicial transfers by empowering the JCP to recommend inter-court transfers without requiring judges’ consent. Under the amended Article 200, the president may transfer a high court judge on the recommendation of the JCP.

The amendment further clarifies that the seniority of a transferred judge will be counted from the date of their initial appointment as a high court judge. However, it bars the transfer of a judge to a high court where they would become senior to the sitting chief justice. In such cases, the judge would instead be entitled to an additional allowance.

It also stipulates that a judge who refuses to accept a transfer may face proceedings under Article 209 before the Supreme Judicial Council.

Meanwhile, the opposition PTI, which has two members in the JCP, namely Barrister Gohar Ali Khan and Barrister Syed Ali Zafar, criticised the proposed transfers.

In a statement, PTI spokesperson Shei­­kh Waqas Akram termed the reshuffling of IHC judges without their consent a con­sequence of what he described as a controversial constitutional amendment aimed at influencing the composition of the court.

He further claimed that under a truly independent judicial system, PTI founder Imran Khan would not have remained imprisoned.

Published in Dawn, April 23rd, 2026