SC verdict on transfer: ICAs filed by 5 IHC judges dismissed
ISLAMABAD: The Federal Constitutional Court (FCC) on Monday dismissed Intra-Court Appeals (ICAs) filed by five judges of the Islamabad High Court (IHC) against the Supreme Court’s judgment on the transfer of judges from provincial high courts to the IHC.
A six-judge bench, headed by Amin-ud-Din Khan, and comprising Justice Syed Hasan Azhar Rizvi, Justice Ali Baqar Najafi, Justice Muhammad Karim Khan Agha, Justice Rozi Khan Barrech, and Justice Arshad Hussain Shah, on Monday heard the ICAs moved by Pakistan Tehreek-e-Insaf’s founder Imran Khan, Lahore and Karachi Bar Associations, and others.
The FCC also dismissed the ICAs filed by the Karachi Bar Association, advocate Shoaib Shaheen, Tahir Faraz Abbasi, and Riasat Ali Azad due to non-prosecution. Justice Amin stated that despite the repeated calls, neither the appellants nor their counsel appeared before the Court.
However, the bench, on the request of lawyers of Imran Khan, advocate Raja Masqit Nawaz Khan, Lahore High Court Bar Association, and the Lahore Bar Association, adjourned the hearing.
Imran’s counsel, Idrees Ashraf, contended that since his client is incarcerated in Adiala Jail, therefore needs time to seek instructions from him. In view of the complete justice under Article 187, Idrees requested the Court to direct the jail authorities to allow him to meet Imran Khan in jail. However, the bench turned down his request and told him to approach the relevant forum.
The IHC five judges – Justice Mohsin Akhtar Kayani, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Saman Rafat Imtiaz, and Justice Tariq Mehmood Jahangiri – under Article 200 (1) of the Constitution, had filed the petitions against the 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 the Balochistan High Court – to the IHC.
The Supreme Court’s five-member bench, on 19 June 2025, by a majority of 3 to 2 (Justice Muhammad Ali Mazhar, Justice Shahid Bilal Hassan, and Justice Salahuddin Panhwar) declared that transfer of judges under Article 200 is within the framework of the Constitution, and (permanently or temporarily) cannot be construed as a fresh appointment.
The court, without upsetting the notification of transfer of judges in the IHC, remanded the matter of seniority to the President of Pakistan to determine the seniority after examining/vetting the service record of the transferee judges as soon as possible, including the question of whether the transfer is on a permanent or temporary basis. The President thereafter had declared Justice Dogar as the most senior judge of the IHC, who later on became the IHC Chief Justice.
The IHC’s same five judges, who had filed the petitions against the transfer of judges from provincial High Courts to Islamabad High Court, on November 22, filed a Civil Miscellaneous Application (CMA) before the FCC challenging the transfer of their intra-court appeal from the Supreme Court to the Constitutional Court. They asked the FCC to return the intra-court appeal to the SC, arguing that the matter constitutionally falls within the jurisdiction of the apex court.
Their petition stated that the appeal was shifted to the FCC under the 27th Constitutional Amendment, but contended that the amendment itself contradicted the Constitution.
Copyright Business Recorder, 2025