Federal Constitutional Court upholds SC ruling in judges transfer case
“Pakistan’s FCC threw out appeals by IHC judges, leaving intact a Supreme Court verdict on judicial transfers.”
Key points
- Pakistan’s FCC threw out appeals by IHC judges, leaving intact a Supreme Court verdict on judicial transfers.
- The bench said the pleas were non-compliant and refused to send the matter back to the SC.
The Federal Constitutional Court (FCC) dismissed intra-court appeals filed by five Islamabad High Court judges against a Supreme Court decision on the transfer of judges to the IHC, effectively upholding the top court’s earlier verdict.
A six-member bench led by Chief Justice Aminuddin Khan ruled the pleas non-compliant after none of the petitioners appeared. The appellants had sought to return proceedings to the Supreme Court, arguing the case did not fall within the FCC’s remit under the 27th Constitutional Amendment.
The judges—Justices Mohsin Akhtar Kiyani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan and Saman Riffat Imtiaz—had originally challenged transfers from the Lahore, Sindh and Balochistan high courts to Islamabad. Bar associations had also petitioned against the transfers; the Supreme Court had dismissed those pleas in June.
Monday’s order keeps the Supreme Court’s stance intact and leaves the amendment’s scope and forum questions to future litigation, if any.
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