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Islamabad lawyers unhappy as JCP decision dims elevation prospects

PK · · Dawn Pakistan

• Legal fraternity mulls moving court • Insiders say JCP may reconsider decision to address ‘imbalance’ in high court due to 2025 transfers ISLAMABAD: The Judicial Commission of Pakistan’s (JCP) decision against fresh appointments in the Islamabad High Court (IHC) following the transfer of its three judges has invited scrutiny from the capital’s judges and lawyers, who fear that transfers from other provinces would deprive them of representation in the high court. The controversy started after the JCP, during its April 28 meeting, approved the transfer of Justice Mohsin Akhtar Kayani to the Lahore High Court, Justice Babar Sattar to the Peshawar High Court and Justice Saman Rafat Imtiaz to the Sindh High Court, and decided that the vacant seats would not be treated as fresh vacancies. The decision, which caused consternation among the judiciary as well, was opposed by lawyers, including the Islamabad High Court Bar Association (IHCBA). In a declaration issued after a meeting of its executive body, the IHCBA stressed the need to fill vacant positions in the high court with “qualified and deserving members of the legal fraternity”. A JCP member told Dawn the commission believed that to maintain balance among the high courts, the posts should be filled through transfers from the high courts concerned instead of making new appointments. Amid concerns by the legal community, the member, however, agreed that the situation in the IHC was distinguishable considering the transfer of three judges from provincial high courts to the IHC in February 2025. The member was alluding to the transfer of three judges, including IHC Chief Justice Sarfraz Dogar, to the IHC. Subsequently, no judge from the IHC had been transferred to any provincial high court, and this is now being cited by sections of the legal community as evidence of an imbalance in the arrangement. Sources within the judiciary told Dawn that efforts were under...