Islamabad, November 22, 2025: In a significant development regarding the transfer of three judges to the Islamabad High Court (IHC), five IHC judges filed a miscellaneous application in the Federal Constitutional Court (FCC) on Saturday, requesting that the case be sent back to the Supreme Court (SC) for hearing.
The petition was submitted by Justice Mohsin Akhtar Kayani, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Saman Rafat Imtiaz, and Justice Tariq Mehmood Jahangiri. The FCC is scheduled to take up the matter on November 24.
The application argues that the case was improperly transferred to the FCC under the 27th Constitutional Amendment and contends that the amendment itself is inconsistent with the Constitution. The judges maintain that the appellate jurisdiction for such matters constitutionally resides with the Supreme Court.
The petition emphasizes that while Parliament may amend the Constitution, it cannot restructure, weaken, or abolish the judiciary, which forms an essential pillar of the state alongside the legislature and executive. The judges cited multiple apex court rulings underscoring the separation of powers and the need to protect judicial independence.
“The transfer of this appeal to the FCC under the 27th Amendment is legally flawed, as the amendment is under challenge for violating the Constitution’s basic structure,” the petition stated.
On September 25, 2025, the Supreme Court upheld the validity of the transfers, dismissing petitions challenging a February 2025 notification that ordered the movement of judges to the IHC. In a 55-page judgment, Justice Muhammad Ali Mazhar explained that transferring judges between high courts does not constitute a new appointment, noting that a transfer simply reallocates an existing judicial resource.
The SC had also confirmed that all required consultations with the Chief Justice of Pakistan and the respective High Court Chief Justices were conducted in accordance with the Constitution.
However, the petitioners—including the five IHC judges and multiple bar associations—argue that these transfers undermine judicial independence and seniority, prompting them to seek the case’s return to the Supreme Court for adjudication.
With the new miscellaneous petition filed, the FCC will now determine whether it has jurisdiction to hear the appeal or must remit the matter back to the apex court.
