The Islamabad High Court (IHC) judges has filed a miscellaneous petition before the Federal Constitutional Court (FCC) challenging the transfer of their intra-court appeal from the Supreme Court to the former.
Justice Mohsin Akhtar Kayani, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Saman Rafat Imtiaz and Justice Tariq Mehmood Jahangiri filed the application.
In the miscellaneous petition, the IHC judges asked the FCC to return the intra-court appeal to the SC, arguing that the matter constitutionally falls within the jurisdiction of the apex court.
The petition stated that the appeal was shifted to the FCC under the 27th Constitutional Amendment, but contended that the amendment itself contradicted the Constitution.
In their application, the petitioners argued that the Constitution clearly outlined the legislature, executive, and judiciary as the three essential pillars of the state and delineated limits and powers for each.
The judges cited earlier Supreme Court judgments that safeguard judicial independence and doctrinal separation of powers.
Recently, Justice Arshad Hussain Shah and Justice Rozi Khan took oath as judges of the FCC.
As per details, the total number of judges of the FCC has now reached seven. The oath was administered by Chief Justice of the Federal Constitutional Court, Justice Amin-ud-Din Khan, to Justice Rozi Khan and Justice Arshad Hussain Shah.
Earlier this week, four of the same judges, except Justice Jahangiri, attempted to challenge the 27th Amendment directly in the Supreme Court. The SC registry declined to entertain their petition and advised them to approach the FCC instead.
