• Insiders say Judicial Commission of Pakistan will convene series of meetings next month
• Transfers have already been discussed informally among high court chief justices on sidelines of NJPMC moot
ISLAMABAD: The transfer of high court judges is expected in the coming weeks under the 27th Amendment, with sources in the judicial bureaucracy indicating that the Judicial Commission of Pakistan (JCP) may soon take up the matter formally.
The move will come in light of the 27th Amendment that significantly altered the constitutional scheme governing the transfer of judges of the superior judiciary by empowering the JCP to recommend transfers of judges from one court to another without requiring their consent.
According to sources, the issue of judges’ transfers was discussed informally during a recent interaction among the chief justices of the high courts. The chief justices had assembled earlier this month to attend the 56th meeting of the National Judicial Policy-Making Committee (NJPMC).
Following the meeting, the NJPMC issued a statement highlighting key policy directions, including measures to reduce case backlog, improve the disposal of commercial litigation, and streamline mechanisms relating to tax cases. The statement, however, did not mention any deliberation on the transfer of judges, as the subject was not included in the formal agenda of the committee.
A senior official familiar with the development told Dawn that although the NJPMC 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.
Sources further said that the JCP was expected to convene a series of meetings over the next month. Besides considering the confirmation of additional judges of the IHC, the LHC and the Balochistan High Court, the commission is likely to take up the issue of transfers as well.
Before the 27th Amendment, Article 200 required the consent of the judge proposed to be transferred, in addition to mandatory consultations among the president, the chief justice of Pakistan, and the chief justices of the high courts concerned. The revised constitutional provision replaced this mechanism with a process centred on the JCP.
Under the substituted Article 200, the president may transfer a judge of a high court from one court to another on the recommendation of the JCP. The amendment also addresses the question of seniority, providing that the seniority of a transferred judge shall be reckoned from the date of his initial appointment as a high court judge. However, it expressly bars the transfer of a judge to a high court where, upon transfer, they would become senior to the chief justice of that court. However, in such an eventuality, the transferred judge will be entitled to get an additional allowance. The amendment also made it clear that a judge who would not accept their transfer would accordingly be charged under Article 209 and be tried by the Supreme Judicial Council.
Following the passage of the amendment, reports circulated regarding the likely transfer of a number of judges. According to these reports, around 10 judges of the Lahore High Court (LHC) and four judges of the Islamabad High Court may be assigned to different courts or benches for periods ranging from six months to two years.
