ICA filed against SC order declaring IHC judges' transfer constitutional
Five Islamabad High Court judges urge the Supreme Court to set aside June 19 order
June 28, 2025
- Justice Mohsin Akhtar Kiyani is among judges who filed ICA.
- Five IHC judges also urge SC to "graciously grant interim relief".
- CB declared transfer of judges to IHC constitutional on June 19.
ISLAMABAD: Five Islamabad High Court (IHC) judges have filed an intra-court appeal (ICA) against the Supreme Court order that declared the transfer of judges from other high courts in line with the Constitution.
The petition has been filed by IHC's Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, and Justice Saman Riffat Imtiaz.
Justice Sardar Mohammad Sarfraz Dogar from the Lahore High Court (LHC), Justice Khadim Hussain Soomro from the Sindh High Court (SHC) and Justice Muhammad Asif from the Balochistan High Court (BHC) were transferred to the IHC in February this year.
They moved the apex court more than a week after a five-member bench — with a 3-2 majority — dismissed their original petition filed against the transfer of judges from three high courts to the IHC.
In its June 19 judgement, the Justice Muhammad Ali Mazhar-led Constitutional Bench also declared that Justice Dogar could continue as the acting IHC chief justice.
The five judges, in their petition, urged that the Constitutional Bench's order should be "recalled and set-aside [...] in the interest of justice".
"During the pendency of the instant appeal, this Hon'ble Court may graciously grant interim relief as prayed for in the accompanying interim relief application. Any other relief that this Hon'ble Court may deem fit and proper may also be granted," the plea mentioned.
In their previous petition, the judges had urged the apex court to declare that the president does not have unfettered and unbridled discretion to transfer judges from one high court to another without a manifest public interest.
Their petition also requested the Supreme Court to declare that, as per settled law, a judge’s seniority should be based on the date they took oath as a justice of the IHC — placing them below the petitioners in the seniority list.
