03/05/2026
A legal petition has been filed in the Peshawar High Court (PHC) challenging the recent transfer of three Islamabad High Court (IHC) judges. The move follows a decision by the Judicial Commission of Pakistan (JCP) on April 28, 2026, which saw the inter-provincial relocation of Justice Mohsin Akhtar Kayani, Justice Babar Sattar, and Justice Saman Rafat Imtiaz.
The petitioner, Advocate Hastham Khan Khalil, argues that these transfers are unconstitutional and violate the independence of the judiciary. Key points of the challenge include:
Constitutional Validity: The petition questions the legality of using Article 200 to move judges without their consent, a practice recently enabled by constitutional amendments.
Lack of Criteria: It is argued that the transfers lacked transparent criteria and uniform standards, potentially serving as a tool for executive interference.
Judicial Independence: The move is framed as a threat to the "basic structure" of the Constitution, which ensures a judiciary free from administrative or political pressure.
The PHC has been requested to suspend the transfer notifications as interim relief while the case is being decided.
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