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JUSTICE MOHSIN AKHTAR KAYANI, JUDGE vs The PRESIDENT OF PAKISTAN, PAK SECRETARIAT, ISLAMABAD art — 2025 PLD 516 SUPREME-COURT

Case information

Citation
2025 PLD 516 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
PLD
Parties
JUSTICE MOHSIN AKHTAR KAYANI, JUDGE vs The PRESIDENT OF PAKISTAN, PAK SECRETARIAT, ISLAMABAD art

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

JUSTICE MOHSIN AKHTAR KAYANI, JUDGE VS The PRESIDENT OF PAKISTAN, PAK SECRETARIAT, ISLAMABAD art. 200---Transfer of High Court judges from one High Court to another---Powers of the President of Pakistan---Scope---Exercise of the powers of transfer by the President of Pakistan under article 200 of the Constitution is not unregulated or unfettered---It is structured on a four tier formula which expounds that no judge shall be transferred except with his consent and after consultation by the President with the Chief Justice of Pakistan and the Chief Justices of both High Courts---It means that if at the very initial stage, a judge intended to be transferred from one High Court to another High Court refuses the offer/proposal, then obviously the matter ends forthwith---Even in the case of consent, the transfer shall be subject to consultation with two Chief Justices of the High Courts and the Chief Justice of Pakistan, as the paterfamilias of judiciary, who may, during the consultation process, pragmatically ruminate the pros and cons germane to the transfer proposal, including the aspect of public interest, if any---Hence, for all intents and purposes, it is reverberated beyond any shadow of doubt that before exercising the power of transfer, certain inbuilt procedures and mechanisms have to be followed in letter and spirit and the decision, or the right of refusal or primacy, is within the sphere and realm of judiciary and not within the domain of executives---Therefore, it does not in any case compromise the independence of the judiciary for the discernable reason that the decision to accept or reject is exclusively within the hands of the judiciary.

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