ISLAMABAD – Judges of the Islamabad High Court (IHC) have filed a petition challenging the hearing of their intra-court appeal in the Federal Constitutional Court. The petition, submitted by four IHC judges, seeks that the matter be referred back to the Supreme Court.
The judges contended that the transfer of their appeal was based on the 27th Constitutional Amendment. However, they argued that the amendment itself is inconsistent with the Constitution, raising questions about its validity.
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In their petition, the judges emphasized that the legislature, executive, and judiciary were established under the Constitution of 1973, which is built on the principles of separation of powers. They argued that the Constitution clearly defines the powers and limits of each organ and that amendments cannot be used to undermine the judiciary.
The judges also cited Supreme Court judgments that, they said, reaffirm the principles governing the separation of powers and the independence of the judiciary. They stressed that the transfer of the intra-court appeal compromises these constitutional safeguards.
The petition is expected to spark a debate over the limits of constitutional amendments and the protection of judicial independence in Pakistan.