Transfer of three judges to IHC approved by the President of Pakistan has drawn criticism from bar associations.
Whole episode seems politicized; as the stance of protesting bar associations lacks legal reasoning and revolves around the idea of judicial independence. This stance is no less than raising doubts on the intentions of the President of Pakistan whose office is taken as the highest symbol of the federation. Transfer of judges to IHC is neither unconstitutional nor unprecedented. However, criticism on such judicial postings radiates strong shades of politicized activism.
Though, bar representatives portraying to be the flag bearer of judiciary’s independence but thier close alignment with those judges who have opposed the transfer of three jurists through a written letter ; raises multiple questions on impartiality.
Transfer approved by the President of Pakistan , by all means , is in line with existing rules and regulations. Sharp criticism and misplaced calls for strike and protests from a few bar association quarters may create short term ripples based on speculations. Certain quarters are raising questions on the soft corner of some IHC judges for under-trial political figures amid undue concessions granted in the past.
Recent activism in the lawyers’ fraternity over transfer of jurists reflects more of politicized approach than independence of judiciary. Saner quarters feel that politicized alignments in bars and benches have gradually made the whole justice system hostage. Sanitization of judicial system is not possible without ironing out the politicized rifts in top judiciary.
