IHC judges to challenge 27th Constitutional Amendment: sources

Four sitting judges of the Islamabad High Court (IHC) have reportedly prepared a draft petition to challenge the recently enacted 27th Amendment to the Constitution of Pakistan.

The petition lists Justices Mohsin Akhtar Kiani and Babar Sattar as applicants, along with Justices Saman Rafat Imtiaz and Sardar Ejaz Ishaq Khan, signalling internal judicial resistance to the sweeping reforms.

The draft has been forwarded to the Supreme Court of Pakistan for formal filing, although court officials say no petition has yet been received from the IHC judges, leaving the status of the challenge unclear.

The newly established Federal Constitutional Court (FCC) confirmed that it has not received any such application.

The 27th Amendment, which has already received presidential assent, amends major institutional arrangements, including creating the FCC with original jurisdiction over constitutional disputes, abolishing the Supreme Court’s suo motu powers and key Articles (184, 186, 191A), allowing the president to transfer high court judges on the recommendation of the Judicial Commission, and granting lifetime immunity to the president and constitutional protection to certain officers.

It also dissolves the office of the Chairman Joint Chiefs of Staff Committee and concentrates military command under the new post of Chief of Defence Forces.

Two senior Supreme Court justices, Mansoor Ali Shah and Athar Minallah, have tendered their resignations, calling the amendment a “grave assault on the Constitution.”

Despite the high-profile turmoil, the government argues that the changes are essential for governance efficiency and national security reform. Still, the IHC judges’ move hints at escalating judicial protest, which could deepen the institutional crisis.

Observers say the unfolding legal challenge will test the limits of judicial independence in Pakistan.