A writ petition filed in the Islamabad High Court has challenged the Judicial Commission of Pakistan’s (JCP) April 28 decision that vacancies arising from the transfer of a judge “shall be filled through transfer only”, arguing that the three vacant judges’ seats in the IHC should be filled through fresh appointments under the Constitution rather than further transfers.
asserted
seats → file → Constitution
The petition, filed by Advocate Supreme Court Syed Nayyab Hassan Gardezi against the Federation of Pakistan, JCP, president and prime minister, contends that the impugned decision has no constitutional foundation and conflicts with Article 175A(8), which requires the commission to nominate one person “for each vacancy” of a high court judge.
asserted
which → file → judge
It argues that the Constitution recognises no category of high court vacancy exempt from this requirement and that the commission cannot create one through a resolution.
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commission → argue → resolution
The petition contends that the JCP decision was taken in disregard of the procedure prescribed by the Judicial Commission of Pakistan (Appointment of Judges) Rules 2024.
asserted
decision → contend → Rules
It points out that Rule 11(2) requires the secretary to notify all members at least 14 days before a scheduled meeting, providing the agenda and supporting materials.
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Rule → point → agenda
According to the petition, the impugned decision was reportedly introduced during the proceedings rather than being included in the circulated agenda.
uncertain
decision → accord → agenda
It further states that the JCP Rules, as notified, contain no provision for their amendment, while the only provision allowing the commission to remove difficulties — Rule 15 — requires the votes of at least two-thirds of its total membership.
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commission → state → membership
The impugned decision, however, records only a “majority of its total membership”.
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decision → record → membership
The petition also questions the composition of the JCP when the decision was taken.
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decision → question → JCP
It argues that the impugned decision governs future appointments to the IHC, yet it was taken at meetings convened to consider transfers, at which the commission sat under the first proviso to Article 200(1), with the chief justices of the high courts concerned in each transfer.
asserted
justices → argue → transfer
By contrast, the Constitution prescribes a distinct composition for the appointment of IHC judges under Article 175A(6).
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Constitution → prescribe → Article
Besides the IHC chief justice, it includes the head of IHC’s constitutional benches, an advocate nominated by the Islamabad Bar Council and a federal minister nominated by the prime minister.
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it → include → minister
The petitioner submits that procedural and compositional defects reinforce the need for the IHC’s three vacancies, created by the transfers notified on April 29, 2026, to be filled through the constitutional process of fresh appointments.
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vacancies → submit → appointments
For this purpose, nominations should be invited from members of the commission under Article 175A(23) and Rule 9(1) of the JCP Rules, rather than through a transfer-only route.
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nominations → invite → route
The petition also challenges the decision on grounds of discrimination, retrospectivity and an unlawful fetter on discretion.
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petition → challenge → discretion
It notes that in July 2026, the JCP filled vacancies in the Lahore High Court, Sindh High Court and Balochistan High Court through initial appointments, while the IHC’s vacancies have been reserved for transfers.
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vacancies → note → transfers
It emphasises that the IHC is currently functioning with a chief justice and nine judges against a sanctioned strength of a chief justice and 12 judges, and that the three vacancies have remained unfilled for more than five months.
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vacancies → emphasise → months
Along with the writ petition, the petitioner has filed an application for interim relief, seeking to restrain the respondents from recommending, advising or notifying the transfer of any judge to the IHC against the three vacancies while the petition remains pending.
asserted
petition → file → vacancies
The petition seeks a declaration that the JCP’s decision is ultra vires Articles 4, 25, 175A and 193 of the Constitution and the JCP Rules, and is of no legal effect.
asserted
decision → seek → effect
The Aporia
