PESHAWAR: A lawyer on Saturday moved the Peshawar High Court challenging the recent transfer of three judges of the Islamabad High Court to other provinces, along with the relevant constitutional provisions.
Advocate Hastham Khan Khalil filed a petition in the PHC, requesting that the Judicial Commission of Pakistan’s (JCP’s) April 28 decision to transfer judges of the IHC be declared un-Islamic, unconstitutional and illegal, along with the relevant articles of the Constitution.
He also sought interim relief, requesting the PHC to suspend the impugned decision of the JCP until final disposal of the petition.
The petitioner cited the federal government through the secretaries of law, human rights and parliamentary affairs, as well as the JCP secretary, as respondents in the case.
The federal law ministry had on April 29 notified the transfer of three IHC judges under Article 200 of the Constitution. The notification was issued a day after the JCP approved their transfer to different high courts.
President Asif Ali Zardari, on the recommendation of 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.
The petitioner argued that the respondents’ actions were against the mandate and requirements of Articles 2-A and 175(3) of the Constitution, as well as several judgements of the superior courts. He contended that the transfer of judges by the executive was contrary to fundamental rights and was therefore liable to be set aside. The petitioner maintained that the high court had full jurisdiction to hear and decide the petition in accordance with the law.
Meanwhile, the IHC has so far not issued a formal seniority list of judges. The JCP had in its April 28 meeting made it clear that the vacant positions of three IHC judges would be filled through transfers from other high courts.
As a result, confusion persists within the IHC regarding the determination of seniority until the vacancies are filled.
According to the duty roster, all seven judges will hear cases both individually and in division benches. They include Chief Justice Sardar Mohammad Sarfraz Dogar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, Justice Khadim Hussain Soomro, Justice Muhammad Azam Khan, Justice Mohammad Asif and Justice Inaam Ameen Minhas.
Malik Asad in Islamabad also contributed to this report
Published in Dawn, May 3rd, 2026
