Post-27th Amendment strategy: 4 HC judges likely to be transferred, another may quit

ISLAMABAD: Four high court judges are expected to be transferred within two weeks of the passage of the 27th Constitutional Amendment, which empowers the Judicial Commission of Pakistan (JCP) to transfer high court judges across provinces without their consent, reliable sources told The News.

According to sources, one of the judges on the list intends to resign as soon as he completes his minimum five years of service to qualify for pensionary benefits. The Pakistan Peoples Party (PPP), the sources added, has given the assurance that this particular judge will step down once he becomes eligible for pension.

The source, however, said it would be “premature” to disclose the names of the five high court judges as there is nothing in writing as of now. Things will formally move only after the 27th amendment become part of the constitution,

Government circles maintain that the provision enabling such transfers was necessitated by the conduct of certain judges who, in their view, “brought disrepute” to the judiciary. Under the proposed 27th Amendment, the JCP will have the authority to transfer any high court judge anywhere in Pakistan with the consultation of the respective chief justices of the high courts concerned. The government is also confident that its influence in the JCP will increase once the amendment is enacted. The revised composition of the commission will exclude Justice Muneeb Akhtar, who is presently a member.

Meanwhile, discussions among stakeholders have led to an understanding on appointing Justice Aminuddin Khan as Chief Justice of the proposed Federal Constitutional Court (FCC), a position for which the PPP had initially pushed retired Justice Maqbool Baqir.

As has also been reflected in media on Monday, four Supreme Court judges- Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali, Justice Aamer Farooq, and Justice Ali Baqar Najafi- are also being considered for appointment to the FCC.

Earlier, the government had proposed a seven-member bench for the new court. However, the PPP insisted on expanding it to nine judges, with two members from each province and one from Islamabad.

Names under consideration from the high courts for the FCC’s initial composition include Justice K.K. Agha of the Sindh High Court and Justice Rozi Khan Barrech, the current Chief Justice of the Balochistan High Court.

Discussion are also underway how to go about transfer of the four high court judges already earmarked for reassignment to different provinces and regions following the passage of the 27th Amendment.