The Islamabad High Court may see its first major structural change in 16 years as plans emerge to transfer judges to other provincial high courts. This development marks a significant shift since the court’s establishment and reflects growing calls for judicial rotation to prevent long-term institutional stagnation.
The move follows a longstanding position of the Islamabad Bar, which has argued that permanent postings in a single high court can create perceptions of grouping and administrative rigidity. Lawyers have maintained that rotation of judges is essential for ensuring balance and improving judicial transparency.
In Pakistan’s other provincial high courts, judicial rotation is already a routine practice. Judges from the Lahore High Court are regularly assigned to benches in Rawalpindi, Multan, and Bahawalpur, while judges of the Peshawar High Court serve in Abbottabad, Mingora, Bannu, and Dera Ismail Khan. Similarly, judges in Sindh and Balochistan high courts are also rotated across different benches. Since the Islamabad High Court does not have multiple regional benches, transfers are being considered as a constitutional mechanism to achieve similar administrative balance.
Constitutional process cited as basis for judicial transfers
Legal experts state that the transfer or rotation of judges is not an extraordinary measure but rather a standard administrative tool to ensure institutional balance, transparency, and improved judicial efficiency. They emphasize that such actions should not be viewed as interference with judicial independence, as they are carried out under constitutional procedures involving relevant legal forums, judges, and stakeholders.
The process is expected to be reviewed and implemented in accordance with established legal frameworks, ensuring that all procedural requirements are met.
Justice Babar Sattar raises objections over consultation
Justice Babar Sattar has taken the position that he cannot be transferred without being heard. However, Article 200(1) of the Constitution clarifies that consultation with a judge is not a mandatory requirement for the Judicial Commission. The commission may seek input if deemed necessary, but it is not legally obligated to do so in every case.
Impact on institutional structure and judicial system
Whether implemented fully or partially, the proposed transfers have already sparked a broader debate over long-standing administrative practices within the Islamabad High Court. The initiative is being framed as an effort to improve institutional balance and judicial performance rather than targeting any individual or authority within the system.
