Supreme Court Bar Association of Pakistan (SCBAP) President Mian Muhammad Rauf Atta has issued a statement defending the recent transfer of judges to the Islamabad High Court (IHC).
Atta reaffirmed the constitutional legitimacy of the transfers, emphasizing that the due process was followed and rejecting criticism as politically motivated. He also highlighted the importance of judicial rotation for strengthening the independence and credibility of the judiciary.
In a statement issued on Monday, he said, “The Executive Committee of this Association has approved the recent transfers to the IHC through circulation.”
“Article 200 of the Constitution is absolutely clear. It allows the President to transfer High Court judges with their consent and after consulting the Chief Justices of both the concerned High Courts and the Chief Justice of Pakistan. We note that the President has exercised this constitutional provision, and the due process for such transfers has been fully adhered to,” the statement read.
“On the other hand, Article 194 of the Constitution does not apply here, as it solely deals with the oath of High Court judges. In this instance, the judges are not new appointments to the IHC; rather, they have been transferred under the constitutional provisions. Needless to mention, the judges recently transferred to the IHC shall retain their seniority from the date of their initial appointments in the High Courts from which they have been transferred.”
“The IHC, when initially founded, was once regarded as the federal High Court, ensuring equal representation from all provinces and hailed as a judicial symbol of the federation. However, over time, that impression had diminished, but it has now been restored with the recent transfers, particularly from smaller provinces such as Balochistan,” he added.
He further stated, “Nevertheless, this is not the first instance in which judges from one High Court have been transferred to another. In the IHC alone, there are numerous instances, even among the incumbent judges, who have been transferred from other High Courts. We believe that the rotation of judges among different High Courts under constitutional provisions is a healthy exercise. It allows the best legal minds to gain exposure in different High Courts, further cementing and strengthening the judiciary while countering any impression of selective justice.”