Four high court judges weigh resignation amid transfers under 27th Amendment: sources

Four high court judges are actively exploring resignation as an alternative to being transferred across provinces under the newly enacted 27th Amendment to the Constitution of Pakistan, which authorizes the Judicial Commission of Pakistan (JCP) to relocate high court judges without their consent. 

According to sources, the four judges have recently approached their respective high court accounts departments to enquire, verbally, about details of their post-retirement entitlements such as pension eligibility, accumulated leave balances and depreciated value of official vehicles if they opt to purchase them. 

Two of the judges are due to become pension-eligible in December 2025 which complicates any immediate decision on whether to resign or wait until pension benefit criteria are fully met. 

Government officials stay strong on the stance that the change was required to address apparent misconduct and disrepute among certain judges and to strengthen oversight of judicial placement. However, critics argue the amendment severely harms judicial independence and weakens institutional integrity. 

Speculation has been particularly strong around the Islamabad High Court (IHC), where at least two judges, Mohsin Akhtar Kayani and Saman Rafat Imtiaz, have publicly hinted they may no longer sit on benches after December, signalling readiness to leave rather than accept transfer. 

At this stage, it remains unclear whether any resignations will happen collectively or on an individual basis and whether they will precede or follow pension eligibility. 

According to The News, one source said, “If they choose to resign, it is still not clear whether the resignations will come immediately or after they qualify for pensionary benefits.” 

With the amendment now in force, the judiciary appears to be entering a period of uncertainty.