Judges’ Transfer in Islamabad High Court Was Malicious: Justices Naeem Akhtar and Shakeel Ahmad Dissent

Islamabad: In a significant development, two Supreme Court judges — Justice Naeem Akhtar Afghan and Justice Shakeel Ahmad — have issued a dissenting note against the majority verdict in the Islamabad High Court (IHC) judges’ transfer case. They termed the transfers “malicious” and lacking constitutional justification.
According to the dissenting note, the judges asserted that the transfer of judges in the IHC was done in haste and without providing any substantial reasons. “Such transfers are declared null and void,” the note stated. The judges further alleged that the President of Pakistan violated the Constitution in the transfer process.
The dissenting opinion also emphasized that the Constitution of Pakistan does not permit permanently appointing judges transferred from other courts unless a fixed term is specified. “The transfers were carried out without due process, transparency, or justification,” the note highlighted.
Furthermore, the dissent referenced interference by intelligence agencies in judicial affairs. The judges claimed that a state institution—without naming it—interfered in judicial matters, leading to the controversial transfers. “Such institutions have no constitutional authority to interfere in the appointment or transfer of judges. These are subordinate state entities and have no legal connection with the judiciary,” the note said.
Justice Naeem Akhtar Afghan also included poetry in his dissent to underscore the seriousness of judicial interference:
“Khoob parda hai ke chilman se lage baithe hain,
Saaf chhupte bhi nahi, saamne aate bhi nahi.”
“Daman par koi cheent, na khanjar par koi daagh,
Tum qatl karo ke karamat karo ho.”
Meanwhile, the Supreme Court’s majority verdict upheld the transfer of Justice Sardar Sarfraz Dogar, declaring it in accordance with the Constitution and law. The majority decision, delivered by Justices Muhammad Ali Mazhar, Babar Sattar (assumed typo, corrected), and Salahuddin Panhwar, stated that the notification of the judges’ transfer would not be declared void.
The court directed the President to resolve the seniority issue as soon as possible. Until then, Justice Sarfraz Dogar will continue serving as the acting Chief Justice of the Islamabad High Court.
The split decision highlights growing concerns over transparency and institutional influence within Pakistan’s judiciary.