ISLAMABAD: Four judges of the Islamabad High Court have filed a petition challenging the decision to move their intra-court appeal from the Supreme Court to the newly formed Federal Constitutional Court (FCC).
In their plea, the judges urged that the matter be returned to the Supreme Court, contending that the transfer carried out under the recently enacted 27th Constitutional Amendment rests on a provision they believe contradicts the basic scheme of the Constitution.
The petition argues that Pakistan’s 1973 Constitution is built on three foundational organs parliament, the executive, and the judiciary each with clearly defined powers and boundaries. The judges maintain that constitutional amendments cannot be used to dilute, reconfigure, or dismantle the judiciary’s role.
They further pointed out that established Supreme Court precedents reinforce the doctrine of separation of powers and limit any attempt to alter the judiciary’s constitutional position.
