The Lahore High Court Bar Association has filed a legal petition in the Supreme Court against the transfer of three Islamabad High Court judges. The move has raised fresh challenges in the judicial system.
The petition was filed by senior lawyer Hamid Khan on behalf of the LHC Bar Association. It questions the legality and transparency of the recent judicial transfers.
According to the petition, the judges’ transfer process lacks transparency. It states that no clear reasons were provided for the decision, creating serious challenges regarding fairness.
The legal challenge argues that the move violates Article 2-A of the Constitution. It also claims that recent constitutional amendments were used to justify the transfers.
The Federation and the Judicial Commission have been named as respondents in the case. The petition has been filed under Article 183, clause III of the Constitution.
Lawyers involved in the case say the changes raise constitutional challenges related to judicial independence. They argue that amendments to Article 175 and Article 184 may not be valid.
The petition further states that the Supreme Court’s jurisdiction cannot be shifted to another constitutional body. It also questions the creation of the Federal Constitutional Court.
Legal experts say these issues have created major challenges in interpreting recent constitutional changes. The matter is now expected to be reviewed in detail by the apex court.
Earlier, Acting President Yusuf Raza Gilani approved the transfer of three judges. Following this, the Ministry of Law issued an official notification.
Under the decision, Justice Mohsin Akhtar Kayani was transferred to the Lahore High Court. Justice Babar Sattar was moved to the Peshawar High Court. Justice Saman Rafat Imtiaz was transferred to the Sindh High Court.
The Judicial Commission had already approved these transfers before the final notification.
However, the decision has now triggered fresh legal challenges, with questions being raised about procedure, authority, and constitutional validity.
The case is expected to set an important precedent regarding judicial appointments and transfers. Legal observers say the outcome may address long-standing challenges in the judicial system.
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