ISLAMABAD: Four Islamabad High Court (IHC) judges who intended to challenge the 27th Constitutional Amendment were turned away by the Supreme Court on Thursday and advised to approach the newly-formed Federal Constitutional Court (FCC).
The judges — Justices Mohsin Akhtar Kayani, Babar Sattar, Sardar Ejaz Ishaq Khan, and Saman Rifat Imtiaz — had drafted a petition invoking the Supreme Court’s original jurisdiction under Article 184(3). However, court officials declined to entertain it, citing the omission of the article from the Constitution and suggesting that challenges to constitutional amendments may fall under the FCC’s exclusive procedures.
Read More: Four IHC judges ‘decide’ to challenge 27th Amendment
The petitioners argued that the amendment violated fundamental rights enshrined in Articles 9, 10A, and 25, undermining due process, fair trial, and equal protection. They also contended that the 27th Amendment subordinated the judiciary to the executive, altered the terms of service of sitting judges, and created a parallel judicial system with unprecedented powers, compromising judicial independence.
Key concerns raised included the appointment of FCC judges without judicial consultation, the FCC’s unrestricted discretion over case transfers, and changes to the composition of the Judicial Commission of Pakistan (JCP) and Supreme Judicial Council (SJC) that favored executive influence over merit-based judicial appointments.
Read More: IHC judges transferred in ‘haste’, says SC judge
The draft petition warns that the FCC, which the judges were told to approach, cannot impartially adjudicate the legality of the amendment as its very existence stems from the constitutional changes being challenged, creating a conflict of interest and risking executive dominance over constitutional interpretation.