ISLAMABAD: The Federal Constitutional Court (FCC) on Monday dismissed the intra court appeals (ICAs) of five sitting judges of Islamabad High Court (IHC) and others against the verdict of Supreme Court, declaring transfer of three judges to the high court as legal.
A six-member larger FCC bench headed by Chief Justice Aminuddin Khan heard the nine ICAs. Other members of the bench were Justice Syed Hassan Azhar Rizvi, Justice K K Agha, Justice Aamer Farooq, Justice Ali Baqir Najafi, Justice Rozi Khan Barrech and Justice Arshad Hussain Shah.
The court dismissed five ICAs, including the one field by five sitting IHC judges, for non-prosecution and adjourned the proceeding on four appeals for date-in-office. During the hearing, the five IHC judges — Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, and Justice Saman Riffat Imtiaz -- did not turn up to the hearing, so their ICA was dismissed for non-prosecution.
Similarly, the court also dismissed the ICA filed by four petitioners including Tahir Faraz Abbasi, Karachi Bar Association, advocate Muhammad Shoiab Shaheen and Riasat Ali Azad for non-prosecution.
The court, however, adjourned for date-in-office the hearing on four ICAs filed by Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan, Lahore High Court Bar Association and Lahore Bar Association and Raja Muqsit Nawaz Khan.
During the hearing, the court rejected the request of Idress Asharf, counsel for PTI founder Imran Khan, seeking its directives for meeting with Imran Khan, incarcerated in Adiala Jail. The counsel contended that since he had filed the ICA in the Supreme Court against its order in judge’s transfer case but after the 27th Constitutional Amendment, he needed instructions form Imran Khan as he has to file some additional grounds in the appeal.
Therefore, the counsel requested the court to issue directives for meeting his client in jail. Justice Aminuddin Khan rejected the request, adding that the matter does not fall in the FCC domain hence he should approach the forum that had awarded sentence to his client.
Idress Asharf also appeared before the court on behalf of petitioner Muqsit Nawaz Khan and sought time for filing some additional grounds in the ICA. Similarly, advocate Ajmal Ghaffar Toor also appeared before the court on behalf of Hamid Khan, senior counsel representing Lahore High Court Bar Association and Lahore Bar Association, and sought some time for filling an application against FCC’s hearing on the ICAs.
Meanwhile, the FCC on Monday directed the Water and Power Development Authority (Wapda) and the contractor to sit together and find an acceptable solution regarding construction of New Gaj Dam.
A three-member FCC bench headed by Chief Justice Aminuddin Khan heard the case regarding construction of New Gaj Dam. During the hearing, Salman Mansoor, counsel for Wapda argued that the contractor was not complying with the agreement, which was causing delays and increasing the project’s cost.
Justice Arshad Hussain Shah told the lawyers of both parties to sit together and work out an acceptable solution, adding that the court was giving them three weeks’ time. The chief justice said that if the matter was not resolved through mutual discussion, the court would issue a decision.
Later, the hearing was adjourned for three weeks. Meanwhile, FCC Justice Aamer Farooq has said that the court has decided to establish branch registries in all four provinces. During the hearing of a case on Monday, the judge told the lawyers that not only has the decision been made to establish branch registries in all four provinces, but it has also been decided to provide video-link facilities.
The judge however, said that these matters are still in the transition phase. He said that video-link facilities will also be provided from the principal seat of the FCC to the branch registries.
The FCC has issued a notification for winter holidays, commencing from December 22, 2025. According to the notification, issued by Riffat Inam Butt, Additional Registrar (Admin), FCC Chief Justice Aminuddin Khan has declared December 22, 2025 to January 4, 2026 as winter holidays of the court.
The court will re-open on Monday, January 5, 2026, says the notification. However, it was stated that the office of the court will remain open, except for public holidays, adding that urgent matters, date-by court cases, and any other case as directed by the Committee will be fixed before the available benches.
