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ISLAMABAD, Nov 24 (APP):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.
The FCC heard the matter 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.