Deliberations commence on induction of new judges in IHC

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ISLAMABAD: The judicial bureaucracy has begun deliberations over the induction of new judges in the Islamabad High Court (IHC) where three sanctioned positions currently remain vacant, sources familiar with the development said.

Several prominent lawyers are under consideration for elevation, including Ayyaz Shaukat, former advocate general and expert in tax laws, who was recently appointed chairman of the Social Media Protection and Regulatory Authority. Other names being considered are Usman G. Rashid Cheema, Umair Majeed Malik and Sultan Mazhar Sher Khan.

The list also includes incumbent president of the Islamabad High Court Bar Association (IHCBA) Syed Wajid Ali Gillani and Pakistan Bar Council member Raja Rizwan Abbasi.

Besides members of the bar, two serving district and sessions judges, Shahrukh Arjumand and Humayun Dilawar, are also among the leading candidates for elevation to the high court.

Ayyaz Shaukat, Usman G. Rashid Cheema, Umair Majeed Malik, Sultan Mazhar Sher Khan among candidates being considered

Sources indicated that the appointments are likely to follow a proposed reshuffle involving the transfer of sitting IHC judges.

At least three judges — Senior Puisne Judge Mohsin Akhtar Kayani, Justice Babar Sattar and Justice Saman Rafat Imtiaz — are expected to be transferred to other high courts.

However, the number of transfers may rise to four or even five, depending on the outcome of a forthcoming meeting of senior judges.

These judges are among six members of the IHC bench who had earlier written to the Supreme Court, expressing concern over alleged interference by intelligence agencies in judicial affairs.

The other signatories to the letter included Justice Tariq Mehmood Jahangiri, who was later removed from service over an invalid law degree, Justice Sardar Ejaz Ishaq Khan and Justice Arbab Mohammad Tahir. Subsequently, all except Justice Tahir challenged the transfer of Justice Sardar Mohammad Sarfraz Dogar from the Lahore High Court to the IHC.

Sources further said following consultations on the proposed transfers, a meeting of the Judicial Commission of Pakistan is expected to be convened within a fortnight to consider appointments as well as transfers.

The proposed transfers are to be carried out under Article 200 of the Constitution.

The recently enacted 27th Amendment has significantly altered the framework governing such transfers by empowering the Judicial Commission of Pakistan to recommend inter-court transfers of judges without requiring their consent.

Prior to the amendment, Article 200 mandated the consent of the judge concerned, along with consultations involving the president, the chief justice of Pakistan and the chief justices of the relevant high courts. The revised provision replaces this mechanism with a process centred on the JCP.

Under the amended Article 200, the president may transfer a judge of a high court on the recommendation of the JCP. The amendment also clarifies that the seniority of a transferred judge will be reckoned from the date of their initial appointment as a high court judge. However, it bars the transfer of a judge to a high court where they would become senior to the sitting chief justice. In such a case, the judge would instead be entitled to an additional allowance.

The amendment further stipulates that a judge who refuses to accept a transfer may face proceedings under Article 209 and be tried before the Supreme Judicial Council.

Published in Dawn, April 2nd, 2026

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