By Staff Reporter
ISLAMABAD: The judiciary is bracing for a significant reconfiguration in the coming weeks, as the Judicial Commission of Pakistan prepares to recommend the transfer of high court judges under a contentious constitutional amendment that strips away the need for their consent, according to sources in the judicial bureaucracy.
The move, reported by the Dawn newspaper on Friday, follows the passage of the 27th Amendment, which has overhauled the framework for shifting judges between courts, empowering the commission to initiate transfers unilaterally. This shift marks a departure from longstanding practices that prioritised judges’ agreement and extensive consultations.
The discussions gained momentum earlier this month during the 56th meeting of the National Judicial Policy-Making Committee, where the chief justices of Pakistan’s high courts gathered. While the formal agenda focused on broader reforms — including strategies to clear case backlogs, expedite commercial disputes and refine tax litigation processes — the thorny issue of transfers surfaced informally.
A senior official familiar with the development told Dawn that although the committee did not formally deliberate on the matter, the issue of transfers was discussed informally among the chief justices on the sidelines of the meeting. The official added that the discussions were exploratory in nature and did not amount to any decision.
The committee’s post-meeting statement underscored priorities like reducing judicial delays and enhancing efficiency in key areas, but made no reference to judge transfers, reflecting the topic’s absence from the official proceedings. Looking ahead, sources indicated that the Judicial Commission of Pakistan is poised to convene a series of meetings over the next month. In addition to weighing the confirmation of additional judges for the Islamabad High Court, the Lahore High Court and the Balochistan High Court, the commission is likely to address transfers directly.
The 27th Amendment, enacted amid heated debate over judicial independence, replaces the previous requirements under Article 200 of the Constitution. Before the change, any transfer demanded the judge’s consent, along with mandatory consultations involving the president, the chief justice of Pakistan and the chief justices of the relevant high courts.
Now, the revised Article 200 authorises the president to transfer a high court judge to another court solely on the commission’s recommendation. The amendment also clarifies seniority rules: A transferred judge’s seniority dates back to their initial appointment as a high court judge. It prohibits transfers that would position a judge senior to the chief justice of the receiving court, though in such cases, the judge would receive an additional allowance. Refusal to accept a transfer could trigger proceedings under Article 209, leading to a trial by the Supreme Judicial Council.
In the wake of the amendment’s approval, unconfirmed reports have swirled about potential transfers affecting dozens of judges. Speculation centres on roughly 10 judges from the Lahore High Court and four from the Islamabad High Court, who could be reassigned to various benches for terms spanning six months to two years. Among the rumoured destinations are remote outposts, including the Zhob bench of the Balochistan High Court, as well as the Larkana, Sukkur and Mirpurkhas benches of the Sindh High Court. No official word has emerged to substantiate these reports, leaving the judiciary in a state of anticipation and uncertainty.
Critics of the amendment have voiced concerns that it could undermine judicial autonomy, potentially allowing transfers to be used as a tool for influence or retribution. Proponents, however, argue it streamlines administration and promotes equitable distribution of judicial talent across the country’s courts.
Copyright © 2021 Independent Pakistan | All rights reserved
