Five IHC judges challenge transfer of judges’ case to FCC

ISLAMABAD: Five judges of the Islamabad High Court (IHC) have challenged the transfer of their intra-court appeal (ICA) in the judges’ transfer case to the newly established Federal Constitutional Court (FCC).

The judges’ appeal against the Supreme Court’s verdict on the transfer and seniority of IHC judges case was shifted to the FCC following the enactment of the 27th Constitutional Amendment, which created the new constitutional court.

However, on Saturday, Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, and Justice Saman Riffat Imtiaz filed an application in the FCC requesting that the case be sent back to the Supreme Court for hearing.

In their petition, the judges argued that both the transfer of the appeal and the 27th Amendment itself lack lawful authority, claiming that the amendment violates essential features of the Constitution.

They raised constitutional questions, asking whether Parliament—under the guise of an amendment—can alter the basic structure of governance, merge or abolish the three branches of the state, or transfer judicial powers to another body.

The petition further questions whether Parliament could abolish the executive, replace parliamentary democracy, or even pass an amendment granting itself a life-long mandate.

The judges argued that the Supreme Court has consistently held that Parliament cannot amend the Constitution in ways that undermine its fundamental structure.

They stated that Parliament, like the executive and the judiciary, derives its authority from the 1973 Constitution, and does not function as a constituent assembly with unlimited powers.

Background

In June 2025, the Supreme Court’s Constitutional Bench upheld the transfers of several high court judges—ruling that the transfers were lawful and not unconstitutional.

Five IHC judges had subsequently filed an intra-court appeal under Article 184(3) of the Constitution, challenging the Supreme Court’s decision regarding their transfer and seniority.

The controversy originated after the transfers of judges from multiple high courts to the IHC, including Justice Sardar Mohammad Sarfraz Dogar (Lahore High Court), Justice Khadim Hussain Soomro (Sindh High Court), and Justice Muhammad Asif (Balochistan High Court).