Govt Defends JCP Transfers as PTI Calls Move Judicial Attack

The federal government has defended the Judicial Commission of Pakistan’s decision to transfer three Islamabad High Court judges, rejecting criticism that the move was aimed at penalising independent judicial voices or weakening court autonomy.

Minister of State for Law and Justice Barrister Aqeel Malik said the transfers should be viewed as part of an administrative rotation system rather than a punitive step. His remarks came after the commission approved the transfer of Justice Mohsin Akhtar Kayani to the Lahore High Court, Justice Babar Sattar to the Peshawar High Court and Justice Saman Rafat Imtiaz to the Sindh High Court.

The decision has triggered sharp debate in legal and political circles because the Islamabad High Court has recently handled several high-profile constitutional, political and civil rights matters. Critics say moving judges without a clear public explanation can raise concerns about institutional independence, especially when the affected judges have been associated with sensitive cases.

Speaking on Geo News programme Aaj Shahzeb Khanzada Kay Sath, Barrister Aqeel Malik maintained that the process followed constitutional and legal requirements. He argued that judicial rotation had long been discussed by bar councils and said the government had not placed any restriction on the independence of the judiciary.

Malik also addressed concerns linked to Justice Babar Sattar, saying his written position had been placed before the commission. He said the Constitution allows the commission to hear a judge when necessary, but he argued that such a hearing is not mandatory in every transfer matter.

The minister further said Justice Saman Rafat Imtiaz, who belongs to Sindh, was being moved back to her home province. He framed the broader policy as a way to avoid entrenched groupings within courts and insisted that administrative movement of judges should not automatically be interpreted as pressure.

The controversy deepened because Chief Justice of Pakistan Yahya Afridi had earlier expressed institutional concerns about transferring judges without clear justification. According to reports, the proposal originated from IHC Chief Justice Sardar Sarfraz Dogar, while the JCP meeting was eventually convened under Article 175A after procedural disagreements over whether the meeting should be called.

Pakistan Tehreek-e-Insaf strongly criticised the decision, with party chairman Barrister Gohar describing the transfers as harmful to the idea of an independent judiciary. PTI argued that judges should not be moved on preferences or dislikes and said the development could create divisions within the judicial system.

For Pakistan, the issue carries implications beyond the careers of three judges. Public trust in the justice system depends heavily on the perception that courts remain insulated from political pressure, particularly during periods of heightened confrontation between the executive, opposition parties and constitutional institutions.

The next phase will depend on how the legal community, bar councils and senior courts respond to the transfers. If objections continue to grow, the government may face renewed pressure to explain the administrative rationale in greater detail and reassure the public that judicial independence remains protected.