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Pakistan Supreme Court Bars Judge‑On‑Judge Contempt, Upholds Conditional Presidential Power to Transfer High Court Judges

The detailed opinions centralize misconduct inquiries in the Supreme Judicial Council, requiring consent plus formal consultation for any transfer under Article 200.

Overview

  • An 11‑page judgment by Justice Jamal Khan Mandokhail quashed the Nazar Abbas contempt move and held that only the Supreme Judicial Council may examine misconduct of superior‑court judges under Article 209(7).
  • The court reaffirmed judicial and administrative immunity for Supreme Court and High Court judges under Article 199(5) and ruled that a judge cannot initiate contempt or other proceedings against a peer of the same court.
  • A 55‑page Constitutional Bench ruling authored by Justice Muhammad Ali Mazhar (3–2) confirmed that the president may transfer High Court judges under Article 200, contingent on the judge’s consent and mandatory consultation with the CJP and the relevant chief justices.
  • The bench clarified that transfers are not fresh appointments under Article 175A, found no constitutional bar in the Islamabad High Court Act, 2010, and disposed of challenges to the February transfer notifications.
  • On seniority, the judgment directed the president to determine status after reviewing service records, while separate petitions by five Islamabad High Court judges over internal administrative practices remain under procedural scrutiny.