A significant development emerged on Saturday in the ongoing judicial transfer case as five judges of the Islamabad High Court submitted a miscellaneous application to the Federal Constitutional Court. The judges have requested that the matter be sent back to the Supreme Court for further hearing, arguing that the case was not eligible for transfer to the FCC.
According to the content of the application, the judges maintained that the issue falls squarely within the Supreme Court’s jurisdiction and must therefore be returned to the apex court. Their plea aims to ensure that the Supreme Court continues to handle the sensitive matter concerning judicial transfers.
Following the submission, the Federal Constitutional Court issued a cause list, scheduling the intra-court appeal of the five judges before a six-member larger bench on November 26 at 11:30 am. The bench will be headed by Justice Hassan Azhar Rizvi, with Justice Baqir Najfi, Justice KK Agha, Justice Rozi Khan, and Justice Arshad Hussain Shah also serving.
The background of the case traces back to September 25, 2025, when the Supreme Court upheld the transfer of three judges to the Islamabad High Court. The apex court had declared the transfers constitutionally valid and dismissed petitions that challenged the February 2025 notification regarding these moves.
In its detailed 55-page judgment, authored by Justice Muhammad Ali Mazhar, the Supreme Court clarified that transferring a judge between high courts does not constitute a fresh appointment. The judgment emphasized that a transfer merely relocates an existing judicial resource while preserving the judge’s duties, authority, and constitutional role.
The Supreme Court also highlighted that all procedural requirements were followed, including mandatory consultations with the Chief Justice of Pakistan and the chief justices of the respective high courts. These steps, the court noted, ensured that the process adhered to constitutional guidelines.
The petitioners, including the five IHC judges now seeking FCC intervention and several bar associations, had previously argued that the transfers could impact judicial independence and seniority structures. Their challenge centered on the legality and implications of moving three judges from provincial high courts to the Islamabad High Court.
With the FCC now set to hear the intra-court appeal, the dispute has entered a fresh phase, raising new questions about judicial process, constitutional authority, and the scope of institutional jurisdiction.
