ISLAMABAD: Preparations are under way for the implementation of the 27th Constitutional Amendment, with five judges of the Islamabad High Court (IHC) expected to be transferred to other high courts or the newly created Federal Constitutional Court (FCC), according to media reports.
https://archive.mmnews.tv/five-ihc-judges-approach-supreme-court-against-chief-justices-actions/
The judges slated for transfer include Justice Mohsin Akhtar Kayani, Justice Sardar Ejaz Ishaq Khan, Justice Babar Sattar, Justice Tariq Mehmood Jahangiri and Justice Saman Rafat Imtiaz, the reports said.
The 27th Constitutional Amendment, passed by parliament in November 2025, established the Federal Constitutional Court and amended Articles 200 and 202 of the Constitution. Under the amended framework, the Judicial Commission of Pakistan (JCP) has been empowered to transfer high court judges between provincial benches and to the FCC without the judges’ prior consent.
Sources familiar with the matter said the JCP is expected to take up the IHC transfers in its upcoming meeting. Proposed tenures for the transferred judges range from six months to two years at their new postings, the reports added.
Judges’ response
The move has drawn reaction from the bench. Justice Mohsin Akhtar Kayani and Justice Saman Rafat Imtiaz have indicated in recent proceedings that they may not be available to hear cases in Islamabad beyond a specified date, a development widely viewed as signalling reservations over the new transfer mechanism.
Separately, five IHC judges — including Justice Kayani, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan and Justice Saman Rafat Imtiaz — have filed petitions and intra-court appeals challenging the transfer provisions introduced through the 27th Amendment. The petitions contend that the amendments affect judicial independence and the principle of seniority.
Background
The 27th Amendment restructured parts of the superior judiciary, shifting certain constitutional and intra-court appeal matters from high courts to the FCC. Proponents argue the changes will streamline constitutional litigation, while critics say the removal of the consent requirement for transfers alters longstanding judicial service protections.
https://archive.mmnews.tv/ihc-fines-nab-over-failure-of-its-prosecutor-to-appear-in-al-qadir-trust-case/
