Reports emerge of resignations by two IHC judges over 27th Amendment

Under the 27th Amendment, judges who refuse to be transferred to the Constitutional Court or between High Courts will be considered retired.

Web Desk

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14 Nov 2025

At least two judges of the Islamabad High Court, Justice Mohsin Akhtar Kayani and Justice Saman Rafat Imtiaz have indicated that their exit. Reports of their resignations have emerged amid concerns over possible transfers following the 27th Constitutional Amendment.

Under the recently approved amendment, the Judicial Commission of Pakistan has been granted the authority to transfer High Court judges even without their consent.

On Thursday, during the hearing of a private company’s case, a lawyer requested Justice Mohsin Akhtar Kayani to schedule the final arguments for the first week of December. Justice Kayani responded that the case would be heard by another judge next month.

According to sources, both Justice Mohsin Akhtar Kayani and Justice Saman Rafat Imtiaz made these indications during separate hearings of different cases.

Two days earlier, Justice Saman Rafat Imtiaz had given a similar indication during another case, saying that her bench might not be available after December when a lawyer requested a hearing date.

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Under the 27th Amendment, judges who refuse to be transferred to the Constitutional Court or between High Courts will be considered retired. The amendment also shifts the power to transfer judges from the President to the Supreme Judicial Commission.

Additionally, the 27th Amendment clarifies that Chief Justices of High Courts will not be transferred, and in case of the transfer of a High Court judge, the seniority of the Chief Justice of the receiving High Court will not be compromised.

It is worth noting that earlier this year, five Islamabad High Court judges, including Justice Kayani and Justice Imtiaz, strongly objected to the transfer of the current Chief Justice, Sardar Muhammad Sarfraz Dogar, to the IHC.

According to sources, the process of transferring High Court judges will be carried out in phases, with the Islamabad High Court believed to be the first affected.