The Federal Constitutional Court (FCC) has dismissed a plea filed by five Islamabad High Court (IHC) judges seeking the transfer of an intra-court appeal (ICA) to the Supreme Court.
The judges involved in the petition included Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, and Justice Saman Riffat Imtiaz. They requested that the case concerning the transfer verdict be heard by the Supreme Court.
Six-Member Bench Delivers Verdict
The FCC convened a six-member larger bench, led by Chief Justice Aminuddin Khan. The bench also included Justice Syed Hassan Azhar Rizvi, Justice K K Agha, Justice Aamer Farooq, Justice Ali Baqir Najafi, Justice Rozi Khan Barrech, and Justice Arsahd Hussain Shah.
During the proceedings, the bench noted that the petitioners had failed to comply with procedural requirements. Furthermore, none of the five judges appeared in court to present their case. Due to these reasons, the FCC rejected their request to transfer the intra-court appeal.
Reasons for Rejection
The court highlighted non-compliance as the key factor for dismissal. The judges’ absence prevented the bench from considering their arguments, leaving the petition incomplete. This procedural lapse ultimately resulted in the plea being turned down.
Implications for the Judiciary
The FCC’s decision reinforces the importance of adhering to procedural rules when approaching higher courts. It also clarifies that non-appearance can significantly impact the acceptance of petitions, even when filed by sitting judges.
This ruling maintains the status of the existing intra-court appeal, leaving it under the purview of the current judicial framework without transferring it to the Supreme Court.
Observations
The case has attracted attention due to the high-profile nature of the judges involved. Legal experts emphasize that adherence to procedural compliance is crucial in maintaining judicial accountability and the rule of law.
Moving forward, any attempts to revisit the case will require strict adherence to FCC guidelines, ensuring that all petitioners appear and meet necessary procedural obligations.
