Judges' transfer: IK challenges order of SC CB
The former prime minister, on Friday, filed an Intra-Court Appeal (ICA) under Section 5 of the Supreme Court (Practice and Procedure) Act, 2023, read with Article 184(3) of the Constitution, praying to set aside the impugned order dated 19-06-2025.
The Constitution Bench on June 19, 2025 by majority of 3 to 2 held that transfer of judges under Article 200 is within the framework of the Constitution, and transfer (permanently or temporarily) cannot be construed as a fresh appointment.
The bench without upsetting the notification of transfer of judges in the IHC remanded the matter of seniority to the president of Pakistan to determine the seniority after examining/vetting the service record of the transferee judges as soon as possible, including the question of whether the transfer is on a permanent or temporary basis.
The petitioner contended that the constitutional bench erred in remanding the matter to determine whether the transfer was 'temporary' or 'permanent'. This is a judicial question, and delegating it to the president undermines judicial autonomy and violates the principle of separation of powers.
He stated that the Constitutional Bench failed to appreciate the distinction between the term 'functions' and 'powers' of the president under the Constitution.
Copyright Business Recorder, 2025
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