The Judicial Commission of the Islamabad High Court approved the transfer of Justice Mohsin Akhtar Kayani to the Lahore High Court, Justice Babar Sattar to the Peshawar High Court, and Justice Saman Riffat to the Sindh High Court.
According to Express News, a meeting of the Judicial Commission of Pakistan was held to consider the transfer of High Court judges, which was chaired by Chief Justice of Pakistan Justice Yahya Afridi.
In the meeting, the Judicial Commission approved the transfer of Justice Mohsin Akhtar Kayani of the Islamabad High Court to Lahore. Justice Mohsin Akhtar Kayani was transferred by a majority vote.
The Judicial Commission transferred Justice Babar Sattar to the Peshawar High Court, his transfer was also made by a majority vote.
The Judicial Commission approved the transfer of Justice Saman Rafat Imtiaz to the Sindh High Court, the decision to transfer Justice Saman Rafat Imtiaz was made by a majority vote.
In the meeting, Islamabad High Court Chief Justice Sarfaraz Dogar withdrew the recommendation for the transfer of Justice Arbab Muhammad Tahir and Justice Khadim Soomro.
Four votes were cast, including the Chief Justice and PTI, against the transfer of judges.
According to sources, in the Judicial Commission meeting, Chief Justice of Pakistan Yahya Afridi voted against the transfer of judges, Justice Muneeb Akhtar also voted against the transfer of judges, Barrister Gohar and Senator Ali Zafar also voted against the transfer of judges, 4 votes were cast against the transfer of judges in the Judicial Commission meeting.
Justice Saman Rafat of the Islamabad High Court left the High Court. Justice Saman Rafat had already moved his personal belongings home from the chamber. He had a last meeting with his staff and said that he had a great time with all of you.
Similarly, Justice Mohsin also left for home. According to sources, he left for home during the meeting.
Justice Mohsin Akhtar Kayani will be the 12th judge of the Lahore High Court after the transfer. Justice Mohsin Akhtar Kayani was the senior-most judge of the Islamabad High Court.
Justice Babar Sattar will be ranked sixth in the Peshawar High Court after the transfer. Justice Babar Sattar was ranked third in seniority in the Islamabad High Court. Justice Saman Riffat Imtiaz will be ranked 16th in the Sindh High Court after the transfer. Justice Saman Riffat Imtiaz was ranked sixth in the seniority list in the Islamabad High Court.
Judges should not be transferred for solid reasons, Barrister Ali Zafar
Member of the Judicial Commission Barrister Gohar Ali Khan also reached the Supreme Court to attend the meeting. Both PTI members arrived to attend the meeting, while before the 27th Amendment, they had been boycotting the meetings.
Speaking to the media at the Supreme Court after attending the meeting, Senator Ali Zafar said that clear rules should be made before the transfer of judges and judges should not be transferred without solid reasons.
He said that the demands raised by Justice Babar Sattar in his letter are correct and transparent and strong foundations are necessary for the transfer of judges.
To a journalist’s question, he said that PTI and Chief Justice of Pakistan Yahya Afridi are on the same stand. Ali Zafar said that he is with the Chief Justice’s stand that a principled approach should be adopted in this matter.
It should be noted that an important development came before the meeting of the Judicial Commission regarding the transfer of Islamabad High Court judges. According to sources, Justice Babar Sattar wrote a letter to Chief Justice Yahya Afridi as the head of the Judicial Commission, in which he requested to be heard personally on the transfer issue.
Sources say that Justice Babar Sattar has taken the position in his letter that he should be heard in the commission meeting before deciding on the transfer issue under Article 200 of the Constitution. It should be noted that Justice Babar Sattar’s name is also among the judges being considered for transfer today.
Sources also say that Chief Justice Yahya Afridi had opposed calling a meeting for transfer judges, however, this meeting was called on the requisition of 5 members by Chief Justice Sarfaraz Dogar.
Supreme Court Announcement
The Supreme Court of Pakistan issued an announcement of this important meeting of the Judicial Commission, which said that the transfers of judges of the Islamabad High Court were considered, the commission met under the chairmanship of the Chief Justice, and the proposals for transfers under Article 200 of the Constitution were discussed.
The announcement said that the transfer of Justice Mohsin Akhtar Kayani to the Lahore High Court has been approved, the transfer of Justice Babar Sattar to the Peshawar High Court has been approved, and the transfer of Justice Saman Riffat Imtiaz to the Sindh High Court has been approved, while the requests for transfers of two judges have been withdrawn.
The meeting was attended by the Chief Justices of the relevant High Courts, and it has been decided to fill the vacancies only through transfers. The vacancies created by transfers will not be used for new appointments.