Judges transfer case: FCC rejects intra-court appeal filed by IHC judges

The Federal Constitutional Court (FCC) on Monday rejected the intra-court appeal filed by five Islamabad High Court (IHC) judges in the judges transfer case for non-prosecution.

The case pertains to the transfer of three judges from other high courts to the federal capital. In June, the SC’s Constitutional Bench had declared that their transfers were not unconstitutional. Subsequently, the five IHC judges had challenged the decision and filed an intra-court appeal, which was fixed before the FCC — established after the enactment of the 27th Amendment. The IHC judges had previously filed a miscellaneous petition challenging the transfer of their intra-court appeal from the Supreme Court.

During today’s proceedings, the FCC adjourned the hearing on three out of a total of nine petitions in the case for an indefinite period.

During the proceedings, which were presided over by FCC Chief Justice Aminuddin Khan, dismissed the intra-court appeal filed by the five IHC judges after their counsel failed to appear before the court.

Separately, senior counsel Idrees Ashraf appeared on behalf of PTI founder Imran Khan, seeking directives for meeting the incarcerated former prime minister. He argued that he needed instructions from Imran after the enactment of the 27th Amendment.

The counsel pleaded that he had to file additional grounds since he had moved the appeal against the SC’s short order. Therefore,he argued that a meeting with the client was necessary.

However, Justice Aminuddin rejected the plea, observing that the counsel should approach the forum that sentenced his client.

Meanwhile, Advocate Ajmal Toor appeared before the court on behalf of senior counsel Hamid Khan, who is representing the Lahore High Bar and the Lahore High Court Bar Association (LHCBA).

Advocate Toor sought more time from the court as the senior counsel was not available.

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