By Asif Naveed
ISLAMABAD: The Supreme Court has released a 55-page detailed judgment addressing petitions that challenged the transfers and seniority of judges in the Islamabad High Court, declaring them in line with the Constitution and law. The verdict was authored by Justice Muhammad Ali Mazhar.
According to the ruling, under the constitutional scheme, a transferred judge cannot be treated as a new appointee. The Court noted that the Islamabad High Court Bar Association had withdrawn its petition against the transfers, acknowledging that the issue did not constitute a matter of public interest.
The judgment observed that the transfer notification lacked clarity on whether the move was temporary or permanent, and the matter was referred back for clarification. It emphasized that consultations regarding judicial transfers are conducted within the judiciary itself and that such transfers do not compromise judicial independence.
The Court held that judges’ transfers were carried out in accordance with the Constitution and the law, and that Section 3 of the Islamabad High Court Act 2010 does not prohibit such transfers. It further stated that the principle of provincial representation had not been violated.
The ruling underlined that the determination of judges’ seniority falls under the authority of the President of Pakistan, who will decide whether a transfer is permanent or temporary after reviewing service records. The matter of seniority determination has therefore been referred back to the President.
The judgment stressed that Article 200 of the Constitution provides a complete and independent mechanism for judicial transfers, confirming that the President has the authority under this provision. However, such transfers require the consent of the concerned judge and prior consultation with the judiciary.
The Court also affirmed that the process remains within judicial jurisdiction, that the judiciary’s opinion carries primary importance in transfer matters, and that no mala fide intent or retaliatory action was proven in these transfers.
