The Federal Constitutional Court of Pakistan (FCCP) has dismissed a plea filed by five judges of the Islamabad High Court (IHC) seeking to have their intra-court appeal in the judges’ transfer case returned to the Supreme Court, reported 24NewsHD TV channel.
The FCC heard the matter on Monday and dismissed the petition due to non-prosecution.
The judges who had filed the intra-court appeal included Justice Mohsin Akhtar Kiyani, Justice Babar Sattar, Justice Tariq Mehmood Jahangiri, Justice Sardar Ejaz Ishaq Khan, and Justice Saman Rafat Imtiaz.
Earlier, the intra-court appeal — related to the transfer of three judges from other high courts to the federal capital — had been fixed for hearing before the FCC, which was established under the 27th Constitutional Amendment.
The judges had challenged the Supreme Court’s constitutional bench ruling from June, which held that their transfer was not unconstitutional.
The five judges later filed a miscellaneous application before the FCC, challenging the shifting of their appeal from the Supreme Court to the newly formed constitutional court. They argued that the matter constitutionally fell within the jurisdiction of the Supreme Court, and further contended that the amendment creating the FCC was itself inconsistent with the Constitution.
The FCC dismissed the request after the petitioners failed to pursue the case.
Meanwhile, the FCC on Monday rejected the request made for a meeting with former prime minister and PTI founder Imran Khan for seeking instructions from him in the Islamabad High Court (IHC) judges transfer case.
A six-member larger bench of the FCC, headed by Chief Justice (CJ) Justice Aminuddin Khan, heard the intra-court appeals filed against the transfer of three judges to the IHC.
During the hearing, Justice Aminuddin remarked that the court could not give an order that a meeting be arranged with the former prime minister.
Imran’s counsel, on the other hand, prayed to the court to order that a meeting be arranged under Article 187 of the constitution.
Justice Amin was of the view that the petitioner should approach the court, which had awarded prison term to the PTI founder, for the purpose.
The FCC also disposed of five out of a total of nine intra-court appeals due to non-perusal.
The parties, whose appeals were disposed of, were Tahir Faraz Abbasi, Karachi Bar Association, Riasat Ali Azad and Shoaib Shaheen.
The appeals had been filed by the IHC judges, Lahore High Court Bar, Karachi Bar, Tahir Faraz Abbasi, Riasat Ali Azad and Shoaib Shaheen.
Granting time to the Lahore High Court Bar, Imran Khan and Raja Maqsat Nawaz Khan to submit their objections in writing, the court adjourned the case for an indefinite time period.
Reporter: Amanat Gishkori