Lahore: The proposed transfer of five judges of the Islamabad High Court (IHC) has raised serious and concerning questions about judicial independence, transparency, and impartiality. This was stated by Shujauddin Sheikh, Ameer of Tanzeem-e-Islami, in a statement.

He said that the reports regarding the transfer of five judges from the Islamabad High Court to other provincial high courts reinforce the impression that the process is intended to be carried out under non-transparent criteria rather than clear and objective principles. The current Chief Justice of Pakistan has also expressed concern over these proposed transfers, stating that if implemented, they would amount to an attack on judicial independence. However, it is also worth noting that in the past, he had unconditionally supported certain constitutional amendments related to the judicial structure, which paved the way for the current situation.

The Ameer further stated that particularly the 26th and 27th constitutional amendments have had deeply negative impacts on the balance of powers within the judicial system, the appointment of judges, and the procedure for forming benches. The reality is that these changes have increased the influence of the executive and limited the autonomy of the judiciary.

If judicial transfers are used not as an administrative necessity but as a tool of pressure or disciplinary action, it not only affects individual judicial independence but also damages the credibility of the entire justice system. This creates the impression that judges who are considered unfavorable can easily be moved from one place to another.

He emphasized that an independent judiciary is the fundamental guarantor of constitutional supremacy, the rule of law, and the protection of citizens’ rights in any civilized state. When the judiciary faces pressure or its powers are altered in ways that weaken its autonomy, the effects are felt across society, leading to increased political instability, declining public trust, and economic uncertainty.