The Judicial Commission of Pakistan (JCP) met today at the Supreme Court of Pakistan, with various compositions, to consider proposals regarding the transfer of Judges of the Islamabad High Court to other High Courts under Article 200 of the Constitution of the Islamic Republic of Pakistan. It was chaired by Hon’ble the Chief Justice of Pakistan, in his capacity as its Chairman.
The meetings were convened by the Secretary of the Judicial Commission of Pakistan in exercise of powers conferred by clause (22) of Article 175A of the Constitution, as the Chairman of the Commission, while giving reason there for, declined to convene the meeting on the requisition by one third of the total members.
In terms of the first proviso to Clause (1) of Article 200 read with Article 175A of the Constitution of the Islamic of Pakistan, the respective Chief Justices of the concerned High Courts participated as members of the Commission for consideration of each proposed transfer.
The following decisions were taken by the Commission:
1. The transfer of Mr. Justice Mohsin Akhtar Kiani from the Islamabad High Court to the Lahore High Court was approved by majority.
2. The transfer of Mr. Justice Babar Sattar from the Islamabad High Court to the Peshawar High Court was approved by majority.
3. The transfer of Ms. Justice Saman Rafat Imtiaz from the Islamabad High Court to the High Court of Sindh was approved by majority.
The members who had requisitioned the meetings for the proposed transfer of Mr. Justice Arbab M. Tahir from the Islamabad High Court to the High Court of Balochistan, and of Mr. Justice Khadim Hussain Soomro from the Islamabad High Court to the High Court of Sindh, withdrew the respective proposals.
The Commission further decided, by majority of its total membership, that any vacancy arising as a result of the transfer of a Judge from a High Court shall be filled through transfer only, and such vacancy shall not, in any manner, be treated as a vacancy for initial appointment.
