ISLAMABAD, May 29 (APP):The Constitutional Bench of the Supreme Court has indicated to issue a short order in IHC Judges Transfer case on June 16 and observed that transfer of the said judges can’t be termed a decision of the executive as Chief Justices of the Supreme Court and the two high courts were effectively involved in the process.
The five-member Constitutional Bench of the Supreme Court of Pakistan, headed by Justice Muhammad Ali Mazhar and comprising Justice Naeem Akhtar Afghan, Justice Munib Akhtar, Justice Athar Minallah, and Justice Syed Hasan Azhar Rizvi, was hearing the arguments.
During the proceedings, Barrister Salahuddin argued that while Article 200 of the Constitution permits temporary transfers of judges, permanent transfers are unconstitutional and effectively undermine Article 175-A.
He stressed that there is no precedent in Pakistan’s judicial history for the permanent transfer of a judge from one high court to another.
He maintained that the power of permanent appointment lies solely with the Judicial Commission of Pakistan, and that appointment and transfer are distinct processes that cannot be equated.
He further pointed out that Section 3 of the Islamabad High Court Act only mentions appointments and makes no provision for transfers.
Justice Muhammad Ali Mazhar observed that the case hinges on critical constitutional and legal interpretations, noting that three Chief Justices were involved in the transfer decision.
He remarked that it would be inaccurate to suggest the entire process was in the hands of the executive, emphasizing that Article 175-A still grants authority for new appointments.
The Attorney General informed the court that minutes of the Judicial Commission meeting were already on record, to which Barrister Salahuddin responded, “We do not have access to any such ‘treasure’ of minutes.”
Justice Naeem Akhtar Afghan remarked that the process of transferring the judges was initiated by the Ministry of Law, whereas the constitutional authority in such matters lies with the President of Pakistan.
Concluding the proceedings, Justice Muhammad Ali Mazhar said the case is not only about past actions but will also set a precedent for the future.
He noted that if arguments are concluded on June 16, the court will deliberate and issue a short order accordingly.
Although Barrister Salahuddin requested the hearing be concluded expeditiously, the hearing had to be postponed due to the unavailability of some judges on the bench.
