Islamabad (HRNW)– The judges of the Islamabad High Court have challenged the hearing of the intra-court appeal in the Federal Court in the ‘Judges Transfer Case’.
According to HRNW News, the petition filed by 5 judges has requested that the intra-court appeal be sent back to the Supreme Court. The petition states that the appeal was transferred to the Constitutional Court due to the 27th Constitutional Amendment, which they argue is against the Constitution.
The petition further argues that the legislature, executive, and judiciary were established under the 1973 Constitution as the three foundational pillars of the state, with clear divisions of power. It states that the power to amend the Constitution cannot be used in a way that abolishes or weakens the judiciary, and that the Supreme Court’s decisions regarding separation of powers are unambiguous.
On the other hand, the Federal Constitutional Court has issued its cause list and fixed the intra-court appeal of the 5 judges for hearing. According to the cause list, a 6-member bench headed by Justice Aminuddin Khan will hear the appeal.
The larger bench, which includes Justice Hassan Rizvi, Justice Baqir Najafi, Justice KK Agha, Justice Rozi Khan, and Justice Arshad Hussain Shah, will hear the case on November 24 at 11:30 am.
It may be recalled that a 5-member bench of the Supreme Court had earlier declared the transfer of judges in Islamabad as lawful, against which the 5 IHC judges filed an intra-court appeal.
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