PESHAWAR, May 3 — A lawyer filed a petition in the Peshawar High Court on Saturday to challenge the recent transfer of three Islamabad High Court judges. Advocate Hastham Khan Khalil requested the court to declare the Judicial Commission of Pakistan’s April 28 decision illegal and unconstitutional. The petition argues that moving judges between provinces violates fundamental rights and the independence of the judiciary. The federal law ministry recently notified these transfers following approval from the President of Pakistan. Under the new orders, Justice Mohsin Akhtar Kayani, Justice Babar Sattar, and Justice Saman Rafat Imtiaz are to be moved to different provincial high courts. The petitioner has sought an immediate stay order to suspend these transfers until a final court decision is reached.
The transfer of three judges from the Islamabad High Court has led to a significant reshaping of judicial seniority and administrative arrangements, with the court issuing a revised roster for the coming week.
Read more: https://t.co/9T4cefSsgL pic.twitter.com/yZ3oDumrAr— HUM News English (@humnews_english) May 2, 2026
Quick Facts
- A legal challenge has been filed against the transfer of three Islamabad High Court judges.
- The petition claims the transfers violate constitutional articles regarding judicial independence.
- Justice Babar Sattar is scheduled to be transferred to the Peshawar High Court.
- Justice Mohsin Akhtar Kayani and Justice Saman Rafat Imtiaz were also assigned new courts.
- The Judicial Commission of Pakistan approved the transfers during a meeting on April 28.
- Confusion remains regarding the seniority list at the Islamabad High Court due to these shifts.
The petitioner cited several high-ranking federal secretaries and the Judicial Commission as respondents in the case. He argued that the executive branch should not have the power to move judges in this manner. The petition maintains that such actions go against previous rulings by superior courts. For now, the legal community is closely watching how the Peshawar High Court will handle this sensitive matter.
Inside the Islamabad High Court, the vacancy of three seats has created uncertainty about how the new seniority list will be formed. The Judicial Commission plans to fill these empty spots by transferring judges from other provinces to Islamabad. Despite the legal battle, the current judges in Islamabad continue to hear cases according to the daily duty roster. The state remains committed to following legal procedures while ensuring that the courts function without interruption. A final decision on the stay order is expected in the coming days.
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