KBA observes strike at City Courts against ‘packing’ in IHC

On a call given by the Karachi Bar Association, lawyers observed a strike at the City Courts on Monday to protest recent transfer of judges to the Islamabad High Court.

The KBA had given the call for suspension of legal work from 10:30 am onwards to show solidarity with Islamabad's lawyers bodies in their protest against the transfer of three judges from high courts of Sindh, Balochistan and Lahore to the IHC.

A general body meeting of the KBA was also held at the Jinnah Auditorim with President Amir Nawaz Warraich in the chair. The meeting unanimously adopted a resolution, strongly condemning "the unconstitutional and politically motivated transfers of judges to the Islamabad High Court (IHC)."

"This blatant attack on judicial independence not only violates Article 200 of the Constitution but also undermines the integrity of judicial system of Pakistan," read the resolution. It said that the transfer of Justice Sardar Muhammad Sarfraz Dogar, Justice Khadim Hussain Soomro, and Justice Muhammad Asif without due process and meaningful consultation reflected a dangerous attempt to manipulate the judiciary for vested interests.

"These transfers are not just irregular, they are a direct fraud on the Constitution, aimed at installing a judge of choice in the Islamabad High Court, bypassing merit, seniority and judicial norms," it added.

The KBA said it stood in absolute solidarity with the IHC judges who have courageously exposed these unconstitutional moves. "The letter from five senior judges of the Islamabad High Court is a historic moment of judicial resistance, exposing the executive's unlawful encroachment on judicial matters. High Courts are independent constitutional bodies within their provinces, and no precedent exists for the forced permanent transfer of judges between them," it said.

"This is not a routine administrative matter - it is a deliberate conspiracy to subjugate the judiciary, erode its autonomy, and set the stage for executive interference in judicial appointments. If these unconstitutional practices go unchecked, the very foundation of judicial impartiality and the rule of law in Pakistan will collapse."

The bar association demanded that petitions filed by various bar associations with the Supreme Court seeking the annulment of the 26th Amendment be heard by a full bench comprising all 16 sitting judges of the apex court. It also opposed the Judicial Commission's decision to convene on February 10 to appoint additional judges to the Supreme Court.

"This move is perceived as an overt attempt to manipulate the court's composition in favour of individuals aligned with ruling parties and establishment interests. Such actions undermine the principles of judicial independence and erode public trust in the legal system."

The KBA also strongly opposed recent amendment to the Prevention of Electronic Crimes Act, terming it an attempt to suppress freedom of expression and curbing press freedom.

"The KBA stands in solidarity with journalists and media houses in their struggle for unhindered press freedom and demand the immediate repeal of all restrictive laws targeting the media," it said. It called for reversing the move to transfer judges to the IHC and urged the Supreme Court to take suo motu notice of this grave violation of judicial independence.