Chief Justice of Pakistan Yahya Afridi rejected informal requests to call a commission meeting on the judges’ transfer issue. He responded to the Chief Justice of Islamabad High Court in writing. He said the request to convene a meeting for transfers could not be accepted under current circumstances.
In his reply, he explained that transferring judges without clear reasons would be equal to punishment. Therefore, he added, it is not appropriate to call a Judicial Commission meeting for a specific or limited purpose. He emphasized that such actions must follow proper legal and institutional requirements.
Moreover, he noted that sending back judges belonging to Sindh would disturb the federal balance. He warned that representation of provinces in the Islamabad High Court would be affected. He also stated that transferring five out of nine judges could disrupt the judicial system significantly.
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He further highlighted that multiple vacancies could create uncertainty in court operations. He pointed out that no clear institutional need or justification for transfers had been provided. He stressed that the Constitution already defines a procedure under Article 209 to take action against a judge when required.
Finally, he warned that administrative transfers of judges would go against constitutional principles and harm judicial independence. He said treating judges like transferable administrative officers is a dangerous trend. Thus, the Chief Justice reaffirmed his stance by rejecting the meeting request on the judges’ transfer issue, while suggesting proper legal channels be followed.