Five sitting judges of the Islamabad High Court (IHC) have filed an intra-court appeal (ICA) against the Supreme Court’s June 19 ruling that upheld the transfer of judges from other high courts to the IHC as constitutional.
The appeal, submitted by Justices Mohsin Akhtar Kiyani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, and Saman Riffat Imtiaz, calls on the apex court to reverse its earlier decision. They also requested interim relief until a final ruling is made.
The Supreme Court’s earlier decision was passed by a 3-2 majority from a five-member constitutional bench headed by Justice Muhammad Ali Mazhar. The verdict supported the transfer of Justice Sardar Mohammad Sarfraz Dogar (LHC), Justice Khadim Hussain Soomro (SHC), and Justice Muhammad Asif (BHC) to the IHC. It also upheld Justice Dogar’s appointment as acting chief justice of the IHC.
In their appeal, the IHC judges argued that the June 19 verdict undermines judicial independence and violates the Constitution. They maintained that transferring judges without clear public interest or consultation goes against legal norms and should not be allowed to stand.
Previously, the petitioners had argued that the president of Pakistan should not have unchecked authority to transfer high court judges. They also raised concerns about seniority, asserting that newly transferred judges should be ranked according to their date of oath-taking in the IHC, not their previous appointments.
The judges have now urged the Supreme Court to revisit and set aside its decision “in the interest of justice,” while also seeking any other relief the court may consider appropriate. The case is expected to spark renewed debate on judicial transparency and constitutional interpretation.