Judicial Commission set to consider transfer of Islamabad High Court judges to other provinces following constitutional changes removing consent requirement.
ISLAMABAD: Pakistan has initiated the implementation of judicial reforms introduced under the 27th Constitutional Amendment, paving the way for the transfer of high court judges across provinces without their consent.
According to sources, a crucial meeting of the Judicial Commission of Pakistan has been scheduled for April 28 to deliberate on a proposal to transfer five judges from the Islamabad High Court to other provincial high courts.
The meeting will be chaired by Chief Justice of Pakistan Yahya Afridi and will be attended by members of the commission along with chief justices of all provincial high courts, reflecting the significance of the proposed changes in the judicial structure.
Sources indicate that under the proposed plan, two judges from the Islamabad High Court are likely to be transferred to the Lahore High Court, while the remaining three may be posted to the Balochistan High Court, Sindh High Court, and Peshawar High Court.
Among the judges whose names are currently under consideration are Mohsin Akhtar Kayani, Sardar Ejaz Ishaq, and Babar Sattar, along with two other members of the bench. The final decision is expected to be made following detailed deliberations during the commission’s session.
In the next phase, officials suggest that a similar process could be applied to judges serving in the Lahore High Court, indicating that the scope of these transfers may expand beyond the initial set of cases.
The developments follow a significant amendment to Article 200 of the Constitution of Pakistan under the 27th Constitutional Amendment. The amendment has removed the requirement for a judge’s consent prior to being transferred from one high court to another, a provision that previously ensured voluntary relocation.
Legal experts note that this change marks a major shift in judicial administration, granting authorities broader powers to reassign judges in order to address administrative needs, balance workloads, or manage institutional challenges across different courts.
However, the amendment has also raised concerns within legal circles regarding judicial independence and the potential implications of forced transfers. Under the revised framework, if a judge does not accept the transfer after it has been ordered, they may face the possibility of compulsory retirement, further intensifying the debate.
Observers believe the upcoming meeting of the Judicial Commission will be critical in shaping how these constitutional changes are implemented in practice, with far-reaching consequences for Pakistan’s judicial system.
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