Islamabad (Web Desk): The Federal Constitutional Court (FCC) is scheduled to hear the intra-court appeal regarding the transfer of five judges from the Islamabad High Court (IHC) on November 24.
The case will be heard by a six-member bench led by FCC Chief Justice Ameenuddin Khan.
The controversy surrounding the transfers began when five judges from the IHC were moved to different judicial posts as part of an administrative reshuffling.
The transfers were initially upheld by a five-member bench of the Supreme Court, which deemed the decision to be legally valid. However, the five IHC judges affected by the transfers filed an appeal against this decision, arguing that their transfers violated constitutional provisions related to judicial independence.
In their appeal, the judges contended that such transfers undermined the autonomy of the Islamabad High Court and were made without adequate justification.
They argued that the authority to transfer judges lies with the Judicial Commission of Pakistan (JCP), not the executive or other branches of government. The judges also raised concerns that these moves could be influenced by political pressures, which could erode the independence of the judiciary.
Despite this, the Supreme Court (SC) had previously ruled that the transfers fell within the administrative powers of the judiciary and were consistent with constitutional guidelines. The top court emphasized that judicial transfers are part of routine administrative functions that ensure the proper functioning of the legal system.
The hearing will provide an opportunity for the court to clarify the legal parameters around the transfer of judges and reaffirm the principles of judicial independence and accountability.