The federal government has submitted its official response in the Supreme Court in the ongoing case regarding the seniority and transfer of judges, including those from the Islamabad High Court, urging the court to dismiss all petitions challenging the transfers.
In its reply, the government maintained that the transfers of judges were carried out in accordance with the Constitution. It argued that under Article 200, a judge’s transfer does not amount to a new appointment, and therefore, a fresh oath is not required after the transfer.
The federal government rejected the argument that the judges' transfers were "temporary," stating that there is no provision in the Constitution that classifies such transfers as temporary.
According to the government’s position, these transfers aim to ensure transparency in the judiciary and do not undermine judicial independence.
The reply further elaborated that the Judicial Commission had appointed two judges to the Islamabad High Court (IHC), leaving three positions vacant.
It added that the Law Ministry sent a summary on January 28 regarding the transfer of judges to the Islamabad High Court.
The response clarified that while the president of Pakistan has a limited role in judges' transfers, the primary authority rests with the chief justice of Pakistan, along with the consent of the relevant judge and the chief justices of the respective high courts.
