Islamabad, April 28, 2026 — A day after the government issued a notification approving the transfer of three judges from the Islamabad High Court, the Lahore Bar Association (LBA) approached the Supreme Court of Pakistan to challenge the constitutionality of the 27th Constitutional Amendment, arguing that the transfers are unconstitutional and of no legal effect. The petition was filed on behalf of LBA President Irfan Hayat Bajwa, who invoked the Supreme Court’s jurisdiction directly rather than approaching the Federal Constitutional Court, citing concerns about judicial independence and constitutional safeguards relating to judges’ tenure and transfers.
The petition followed the issuance of an official notification after a meeting of the Judicial Commission of Pakistan (JCP), held at the Supreme Court on April 28, 2026. Chaired by the Chief Justice of Pakistan, the meeting was convened under Article 175A to consider proposals under Article 200 regarding the transfer of IHC judges to other high courts. The JCP, by majority, approved the transfer of Justice Mohsin Akhtar Kiani to the Lahore High Court, Justice Babar Sattar to the Peshawar High Court, and Justice Saman Rafat Imtiaz to the High Court of Sindh. Transfer proposals concerning Justice Arbab M. Tahir and Justice Khadim Hussain Soomro were withdrawn before deliberation concluded.
The LBA contends that these transfers were made without transparency, clear standards, or uniform criteria, reflecting broader concerns already raised by lawyers’ bodies nationwide. The petition argues that the 27th Amendment disrupts the constitutional balance by enabling discretionary transfers that may undermine judicial independence. It further challenges the JCP’s decision that any vacancy arising from a transfer must also be filled through transfer only — not treated as a vacancy for fresh appointment — calling it an overstep that disturbs the constitutionally mandated appointment process. The Supreme Court is expected to hear the matter in the coming days.
