Imran assaulted the transfer of judges to IHC – Journal

Islamabad: the founder of PTI, Imran Khan, filed a constitutional request at the Supreme Court of Pakistan, contesting the transfer of judges from other provinces to the High Court of Islamabad (CIH).

The petition, deposited under article 184, paragraph 3, of the Constitution, alleged that transfers were a deliberate attempt to undermine judicial independence and to manipulate the judiciary for political gains.

The petition, submitted by Mr. Khans's legal team, raised serious concerns concerning the transfer of three judges from the provincial high lessons to the IHC in February.

The transferred judges included the Sardar Muhammad judges Sarfraz Dogar, Khadim Hussain Soomro and Muhammad Asif de Lahore, Sindh and Balutchistan, respectively.

Dogar judge has since been appointed acting chief of the IHC.

Former Prime Minister Khan, who is currently incarcerated in Adiala prison, Rawalpindi, argued that these transfers had been made without transparency, appropriate consultation or valid public interest justification.

The petition said that transfers were part of a wider strategy to pack the courts with judges favorable to the executive, thus compromising the independence of the United States.

The independence of the judiciary was the cornerstone of the Pakistani democratic system, said the petition, adding that transfers have been made to punish the judges who had already resisted external pressures and the business decided with merit, in particular those involving Mr. Khan himself.

The petition cited the example of the former IHC chief judge, Aamir Farooq, who was rewarded by a nomination to the Supreme Court after refusing to recuse himself in the cases where Mr. Khan was accused.

The petition also stressed that transfers disrupted the seniority of the judges, the freshly transferred judges being placed in key positions, including the acting chief of the IHC, without taking an oath required.

He has undermined the institutional integrity of judicial trust and eroded public confidence in the justice system.

The petition has raised constitutional questions, in particular the lack of transparency and the regular procedure and if the transfer of judges without specifying reasons or periods has been arbitrary and violated the principles established by the Supreme Court in the Trust Al-Jehad case. Mr. Khan stressed that legal transfers should be made with a clearly indicated public interest justification.

Failure to comply with this justification makes the notification illegal and unconstitutional, indicated the petition when referring to the notification of the Ministry of the Act published on February 1 confirming the transfer.

The petition warned that the uncontrolled transfer powers could lead to the arbitrary reshuffle of the judges to influence key judicial decisions, thus compromising judicial neutrality.

The founder of the PTI asked the Apex Court to declare the notification of February 1 as illegal, illegal and unconstitutional and to direct the respondents to ensure the judicial independence and the transparency of judicial transfers.

Posted in Dawn, March 14, 2025

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