In an important development in the case of transfer of three judges to the Islamabad High Court (IHC), five judges of the IHC filed a miscellaneous application in the Federal Constitutional Court (FCC) on Saturday, praying to the court to send the case back to the Supreme Court (SC) for the hearing.
As per the text of the application, the case could not be transferred to the FCC, and that it should be sent back to the apex court.
Later, the FCC issued cause list on the five judges intra-court appeal, fixing it before a six-judge larger bench on November 26 at 11:30 am.
Other members of the bench are Justice Hassan Azhar Rizvi, Justice Baqir Najfi, Justice KK Agha, Justice Rozi Khan and Justice Arshad Hussain Shah.
On September 25, 2025, the SC had ruled that the transfers of judges to the IHC are valid and in line with the Constitution, dismissing petitions that challenged a February 2025 notification ordering the transfers.
In a detailed 55-page judgment, Justice Muhammad Ali Mazhar explained that transferring a judge from one high court to another does not equate to a new appointment.
The judge’s role and status remain unchanged, despite the change in location. “A transfer is simply a reallocation of an existing resource,” the ruling stated.
It was also noted that the necessary steps, including consultations with the Chief Justice of Pakistan and the Chief Justices of the respective High Courts, were followed as required by the Constitution.
The petitioners, including five IHC judges and several bar associations, had argued that the transfers would undermine judicial independence and seniority.
They challenged the legality of transferring three judges from provincial high courts to the IHC.
