The Supreme Court of Pakistan has ruled that judicial transfers are constitutional in its reserved ruling in the well-known case involving the seniority and transfer of judges from the Islamabad High Court (IHC).
With a 3-2 majority, the five-member constitutional bench declared its ruling. The majority view was supported by Justice Muhammad Ali Mazhar, Justice Shahid Bilal, and Justice Salahuddin Panhwar; Justices Naeem Akhtar Afghan and Shakeel Afridi dissented.
The ruling states that a judge’s transfer, whether permanent or temporary, does not amount to a fresh appointment and is therefore not illegal.
