The Supreme Court on Thursday rejected petitions challenging the transfer of judges, upholding the decision with a 3-2 majority verdict by a five-member constitutional bench led by Justice Muhammad Ali Mazhar.
The petitions were jointly filed by five Islamabad High Court (IHC) judges—Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, and Saman Rafat Imtiaz—arguing that three transferred judges should not serve as IHC judges without taking a fresh oath under Article 194.
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The court ruled the transfers constitutional, confirming that Justice Sarfraz Dogar will continue as acting Chief Justice of the IHC.
During hearings, senior lawyer Faisal Siddiqi argued that judicial transfer practices undermined the role of the Judicial Commission of Pakistan (JCP). However, Attorney General Mansoor Usman Awan countered that the Constitution requires no new oath under Article 200, as IHC judges already take the same oath as other high court judges.
The apex court’s decision affirms that the judges’ transfer process complied with constitutional provisions.
