A lawyer filed a petition in the Peshawar High Court challenging the transfer of three Islamabad High Court judges. The Judicial Commission of Pakistan approved the transfers on April 28, 2026, and the federal law ministry notified them on April 29, 2026.
The judges affected by this decision include Justice Mohsin Akhtar Kayani, who was transferred to the Lahore High Court; Justice Babar Sattar, who is now at the Peshawar High Court; and Justice Saman Rafat Imtiaz, who was moved to the Sindh High Court.
The petition argues that these transfers violate constitutional guarantees and undermine judicial independence. It cites Articles 2-A and 175(3) of the Constitution as being violated by the transfers. The petitioner requested that the Peshawar High Court suspend the Judicial Commission’s decision until the case is resolved.
Advocate Hastham Khan Khalil stated that “the actions of the respondents were contrary to the mandate and requirements of Articles 2-A and 175(3) of the Constitution.” Irfan Hayat Bajwa criticized the lack of publicly disclosed reasons for these transfers. He noted that “the transfers were carried out without any publicly disclosed reasons, criteria, or demonstrable institutional necessity.”
Observers emphasize that judicial independence is a fundamental principle within Pakistan’s legal framework. The Islamabad High Court has not issued a formal seniority list of judges following these transfers, adding to concerns about transparency.
The petition names both the federal government and the Judicial Commission secretary as respondents. It seeks to declare the Judicial Commission’s decision un-Islamic, unconstitutional, and illegal.