IHC Judges Challenge Transfer of Intra-Court Appeal Under 27th Amendment

ISLAMABAD_ Significant progress emerged in Pakistan’s judiciary dispute as five Islamabad High Court (IHC) judges have filed a miscellaneous petition before the Federal Constitutional Court (FCC) challenging the transfer of their intra-court appeal from the Supreme Court. The judges, Justice Mohsin Akhtar Kayani, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Saman Rafat Imtiaz, and Justice Tariq Mehmood Jahangiri, contend that the matter constitutionally falls under the Supreme Court’s jurisdiction.

Controversy Over Judge Transfers

The controversy surrounds the transfer of three judges from other high courts to Islamabad. In June, the Supreme Court’s Constitutional Bench ruled these transfers constitutional. Following this, the IHC judges filed an intra-court appeal, which has now been scheduled for hearing before the FCC, established under the 27th Constitutional Amendment, on November 24.

Petition Challenges Constitutional Validity of the 27th Amendment

In their petition, the judges argued that the intra-court appeal was wrongly shifted to the FCC under the 27th Amendment, which they claim contradicts the Constitution. They emphasized that the Constitution clearly demarcates the legislature, executive, and judiciary as the three pillars of the state, outlining their powers and limits. While Parliament may amend the Constitution, the judges asserted, it cannot restructure or weaken the judiciary, which is a core component of Pakistan’s constitutional framework.

Citing past apex court rulings, the petitioners stressed that judicial independence and separation of powers must be protected, and appellate jurisdiction in such matters should remain with the Supreme Court unless explicitly provided otherwise. They argued that the 27th Amendment, which enabled the transfer of the appeal, itself raises serious constitutional questions.

Previous Supreme Court Direction

Earlier this week, four of the five IHC judges, excluding Justice Jahangiri, were directed by the Supreme Court to approach the FCC after seeking to challenge the 27th Amendment under Article 184(3).

Concerns Over Article 200 Amendments

Their draft petition also challenged amendments to Article 200, which permits the transfer of high court judges without their consent, a provision they argue exposes judges to pressure, manipulation, and fear of retaliation, affecting the court’s impartiality

What’s Next

With the miscellaneous petition now filed, the FCC is expected to decide whether it can proceed with the appeal or must return the matter to the Supreme Court, setting the stage for a significant judicial confrontation over constitutional authority and judicial independence.