Judicial Commission Policy Faces Legal Challenge

A legal challenge has been launched against the Judicial Commission of Pakistan’s transfer-only policy for IHC judges. The petition, filed by Advocate Syed Nayyab Hassan Gardezi, argues that the decision lacks constitutional foundation and conflicts with Article 175A(8) of the Constitution.

The petition claims that the commission cannot create a category of high court vacancy exempt from the requirement to nominate one person for each vacancy. It further states that the decision was made without following the procedures outlined in the Judicial Commission of Pakistan (Appointment of Judges) Rules 2024.

The case involves the Federation of Pakistan, the JCP president, and the prime minister. The petition highlights the alleged disregard of the prescribed procedure by the commission in its decision-making process.