Pakistan's jailed ex-PM Imran Khan files petition challenging judicial transfers

Pakistan’s jailed opposition leader Imran Khan has filed a constitutional petition in the Supreme Court on Thursday challenging the transfer of three judges to the federal capital's high court.

The petition argues that the transfers to the Islamabad High Court (IHC) are unconstitutional, lack transparency, and undermine judicial independence. It calls for the cancellation of the transfer notification issued on Feb. 1, terming it illegal and unlawful.

The petition asserts that the transfers were made without consultation and due process, violating the Al-Jehad Trust case, which established principles ensuring judicial autonomy. It adds that judicial transfers should be temporary and based on public interest, whereas the challenged transfers appear arbitrary and politically motivated.

The petition also raises concerns over potential manipulation, stating that such transfers could be used to place favorable judges in key courts, impacting the fairness of judicial decisions.

Targeted for independent rulings

Khan, who heads the Pakistan Tehreek-e-Insaf party, claimed that the existing IHC judges are being targeted for their independent rulings on politically sensitive cases, including those involving him.

The petition calls for strict adherence to constitutional procedures, arguing that transfers should be conducted transparently and in consultation, with reasons recorded in writing. It also challenges the appointment of a judge as acting chief justice without taking an oath, calling it a violation of judicial norms.

Khan, who has been jailed since August 2023, has urged the Supreme Court to declare the transfer notification illegal and set it aside.

The federal government, along with the registrars of the Lahore High Court, Islamabad High Court, Sindh High Court, and Balochistan High Court, have been named as respondents in the case.

Ongoing controversy

The controversy over judicial transfers escalated when five judges of the IHC—Justice Mohsin Akhtar Kayani, Justice Tariq Mahmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, and Justice Saman Rafat Imtiaz—challenged the transfer of the judges from provincial high courts to the federal capital’s high court.

Their petition before the Supreme Court argued that the transfers undermined judicial independence and violated constitutional provisions, particularly regarding seniority. It questioned whether the transfers were genuinely in the public interest or aimed at sidelining existing judges who had resisted external pressures.