The Federal Constitutional Court (FCC) on Monday rejected the plea to send back the petition of five Islamabad High Court (IHC) judges in the judges transfer case to the Supreme Court, Aaj News reported.
The application, filed by Islamabad High Court (IHC) justices Mohsin Akhtar Kayani, Babar Sattar, Tariq Mehmood Jahangiri, Ejaz Ishaq Khan, and Saman Rafat Imtiaz, argued that the transfer of their intra-court appeal to the constitutional court constitutionally lied within the jurisdiction of the Supreme Court.
The five judges of the IHC on Saturday filed a Civil Miscellaneous Application (CMA) before the FCC, challenging the transfer of their intra-court appeal from the Supreme Court to the newly established Constitutional Court.
The FCC dismissed the plea, stating that the appeal by the IHC judges was rejected due to non-prosecution (lack of follow-up/absence).
The judges’ petitions were against transfer 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.
In June, the apex court had not declared their transfers unconstitutional.
Federal Constitutional Court set to hear ICA filed by 5 IHC judges
Similarly, other intra-court appeals filed by the Lahore High Court Bar, founding chairman of Pakistan Tehreek-e-Insaf (PTI) Imran Khan, Tahir Faraz Abbasi, the Karachi Bar Association, Riasat Ali Azad, and Shoaib Shaheen were also dismissed on the basis of non-prosecution.
Separately, the FCC also dismissed the plea seeking to meet incarcerated Imran in jail to get instructions. FCC Chief Justice Aminuddin Khan clarified that the court cannot issue such orders and directed that the request for a meeting should be made to the authority where the conviction took place.
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