April 25, 2026
Hafiz Ullah Storai Sherani
ISLAMABAD
Chief Justice of Pakistan (CJP) Yahya Afridi has termed the Judicial Commission of Pakistan’s (JCP) proposal to transfer five judges of the Islamabad High Court (IHC) to other provincial high courts as detrimental to the independence of the judiciary and public trust.
The meeting of the Judicial Commission has been convened for April 28, where Chief Justice’s reservations and the matter of transferring judges under Article 200 will be deliberated.
According to media reports, Chief Justice of Pakistan Yahya Afridi, in a letter addressed to the Judicial Commission, warned that the transfer of serving judges would establish an “undesirable and far-reaching precedent” that would reduce the status of judges to merely transferable administrative officials. He believes this will damage the independence of the judiciary and undermine public confidence in its stability.
It is worth noting that following the 27th Constitutional Amendment, the Judicial Commission holds the authority to recommend transfers by a majority vote even without the consent of the concerned judges. The Chief Justice maintains that the current proposal appears to be “punitive in nature,” for which there is no provision in the Constitution.
Senior jurists across the country have expressed deep concern and varying perspectives on this sensitive issue.
While the appointment of judges, federal constitutional courts, and now the transfer of judges are being generally debated in the country along with severe criticism from political parties over these matters recently the Chief Justice’s current letter has also become a focal point of discussion.
Advocate Riasat Ali, former President of the Islamabad High Court Bar, spoke to Voicepk about it.
“The Chief Justice should have taken this stand during the 26th and 27th Constitutional Amendments, particularly when the word “consent” was removed from Article 200 in the 27th Amendment.”
He remarked that time had passed because people’s trust in the judiciary had been completely eroded; the independence, honour, and dignity of the judiciary are no longer there. that judges will now be transferred as a retaliatory punishment.
“These same judges were not being assigned significant cases here in Islamabad. The independence of the judiciary and the security of judges’ tenure are threatened by such administrative decisions, and if this process is completed, it will further severely damage the stability of the judicial system.”
According to Advocate Habib Tahir from Balochistan, who is also a member of the Human Rights Commission of Pakistan (HRCP), the issue is not just about the transfer of judges but the entire system.
“My primary disagreement is with the judicial system itself, which has fallen into a severe crisis. The movement of judges from one High Court to another is a secondary matter. Previously, every High Court had its own jurisdiction, but recent amendments have come through the Chief Justice’s wishes and the consensus of political parties. When the precedent of bringing judges from other provinces to the Islamabad High Court has already been established, why the objection to transferring other judges now? I believe the entire system of judicial appointments in Pakistan is a major question mark.”
Advocate Munir Kakar, a lawyer leader active in judicial decisions and Bar and Bench politics and a former member of the Judicial Commission of Pakistan, discussed the balance between the pillars of the state and the impact of judge transfers.
“Under the Constitution, a system for the division of powers exists between the Parliament, Judiciary, and Executive,” he said. “However, after the 26th and 27th Amendments, the powers and independence of the judiciary have been severely affected. If the recent efforts for the transfer and appointment of judges are carried out under administrative orders, the remaining credibility of the judiciary and hopes for the provision of social justice will perish.”
According to media reports, in February 2025, Chief Justice Yahya Afridi had termed the transfer of three judges to the Islamabad High Court under Article 200 as “welcoming,” as he believed it was in accordance with the spirit of federalism. However, in the current situation, he is not in favor of sending judges out of the Islamabad High Court.
The judges whose transfers are being considered include Justice Mohsin Akhtar Kayani, Justice Babar Sattar, Justice Arbab Muhammad Tahir, Justice Saman Rafat Imtiaz, and Justice Khadim Hussain Soomro.
A section of legal experts also argues that in the past, judicial appointments were made on the basis of personal likes, dislikes, and recommendations rather than merit, and the risk of political interference has increased further in the new system.
The April 28 meeting of the Judicial Commission is being considered of extreme importance regarding the judicial history of Pakistan and the future of its judges.