LEGAL

The Karachi Bar Association (KBA) has filed a petition in the Supreme Court of Pakistan under Article 184(3) of the Constitution, challenging the recent transfer of judges in the Islamabad High Court (IHC).
The petition names the President of Pakistan, the Federal Government, the Registrar of the Supreme Court, and the Registrars of various High Courts as respondents, along with the transferred and affected judges of the Islamabad High Court.
Legal Argument Against Judges' Transfer
The Karachi Bar has argued that:
- The Constitution does not grant unlimited authority to the President regarding judicial transfers.
- The move is a violation of the principles of judicial independence and separation of powers.
- The transfer notification is unconstitutional and illegal.
- The transferred judges must retake their oaths to serve in the Islamabad High Court.
Demands of the Petition
The Karachi Bar Association has urged the Supreme Court to:
- Declare the transfer notification of judges null and void.
- Invalidate the new seniority list of the Islamabad High Court.
- Annul the notification of the appointment of the Acting Chief Justice of the IHC.
Implications of the Petition
- If accepted, the case could set a precedent regarding judicial transfers in Pakistan.
- It raises constitutional questions on the extent of executive authority over the judiciary.
- The case could delay ongoing legal proceedings in the Islamabad High Court.
The Supreme Court is expected to review the petition and decide whether to proceed with hearings on the matter.