ISLAMABAD: The Federal Constitutional Court (FCC) on Monday rejected a petition seeking to send back the intra-court appeal of five Islamabad High Court (IHC) judges to the Supreme Court.
The application was filed by IHC justices Mohsin Akhtar Kayani, Babar Sattar, Tariq Mehmood Jahangiri, Ejaz Ishaq Khan, and Saman Rafat Imtiaz. They argued that the transfer of their appeal to the newly established Constitutional Court fell under the constitutional jurisdiction of the Supreme Court.
The five judges had submitted a Civil Miscellaneous Application (CMA) on Saturday, challenging the transfer of their intra-court appeal. The FCC, however, dismissed the plea, stating the appeal was rejected due to non-prosecution, citing lack of follow-up and absence.
The petitions challenged the transfers of three judges—Justice Sardar Muhammad Sarfraz Dogar from Lahore High Court, Justice Khadim Hussain Soomro from Sindh High Court, and Justice Muhammad Asif from Balochistan High Court—to the IHC under Article 200(1) of the Constitution. Earlier in June, the Supreme Court had not declared these transfers unconstitutional.
Other similar intra-court appeals were also dismissed due to non-prosecution. These included petitions filed by the Lahore High Court Bar, Karachi Bar Association, PTI chairman Imran Khan, Tahir Faraz Abbasi, Riasat Ali Azad, and Shoaib Shaheen.
Separately, the FCC dismissed a plea seeking permission to meet incarcerated former Prime Minister Imran Khan in jail for instructions. FCC Chief Justice Aminuddin Khan clarified that the court could not issue such orders and directed that any request for a meeting must be made to the authority where the conviction occurred.
The FCC’s decision underscores the ongoing legal and procedural complexities surrounding judicial transfers and appeals in Pakistan, highlighting strict adherence to court protocols and constitutional jurisdiction.
