The decision made by the Judicial Commission of Pakistan not to regard the vacancies arising in the Islamabad High Court (IHC) following the transfer of three judges as new openings has faced criticism from lawyers in the federal capital.
Additionally, there are growing concerns within the judiciary regarding representation, seniority, and opportunities for advancement.
As reported, the controversy emerged after the JCP approved the transfer of Justice Mohsin Akhtar Kayani to the Lahore High Court, Justice Babar Sattar to the Peshawar High Court, and Justice Saman Rafat Imtiaz to the Sindh High Court during its meeting on April 28.
The commission also resolved that the positions vacated by these transfers would not be recognised as new vacancies.
This decision was met with opposition from legal practitioners, including the Islamabad High Court Bar Association (IHCBA).
Following a meeting of its executive committee, the IHCBA emphasised the importance of appointing qualified and deserving members of the legal profession to fill the vacant roles in the high court.
According to Dawn, a member of the JCP said that the commission deemed it essential to maintain equilibrium among the high courts, suggesting that such positions should be filled through transfers from the respective high courts rather than through new appointments.
However, this member acknowledged that the circumstances in the IHC were unique due to the transfer of three judges from provincial high courts to the IHC in February 2025.
The report indicated that this reference applied to the transfer of three judges, including IHC Chief Justice Sarfraz Dogar, to the Islamabad High Court.
Since that time, no judge from the IHC has been reassigned to any provincial high court, a fact that various segments of the legal community are now highlighting as an indicator of an imbalance.
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