ISLAMABAD: The Federal Constitutional Court (FCC) will take up next week intra-court appeals (ICAs) filed by five sitting judges of the Islamabad High Court (IHC) against the Supreme Court verdict declaring the transfer of judges to the Islamabad High Court (IHC) as legal.
It was learnt that a six-member larger FCC bench headed by Chief Justice Aminuddin Khan will hear the ICAs on November 24. Other members of the bench are 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.
On June 19, a five-member Constitutional Bench headed by Justice Muhammad Ali Mazhar had dismissed identical petitions challenging the transfer of judges from various high courts to the IHC, holding that the transfer of judges by the President of Pakistan is within the framework of the Constitution and cannot be declared ultra vires.
Five sitting IHC judges -- Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan and Justice Saman Riffat Imtiaz -- had filed the ICA in the Supreme Court under Article 184(3) of the Constitution against the judges’ transfer and seniority issues.
Meanwhile, the FCC on Wednesday disposed of a petition related to stone crushing case with the ruling that an appropriate order will be issued later. A three-member FCC bench headed by its Chief Justice Aminuddin Khan heard the case.
During the hearing, counsel for the petitioner submitted before the court that after the 27th Constitutional Amendment, there is no suo motu power, requesting the court not to issue a final order. The counsel contended that the court should not order the immediate reopening of stone crushing units, adding that stone crushing owners should first satisfy the relevant authorities. He contended that if the authorities are satisfied, then they should allow operations.
He submitted that according to rules framed by the provincial government, there must be a distance of 500 meters in urban areas and 300 meters in rural areas. The counsel contended that in rural areas, stone crushers are operating at a distance of only 60 meters.
“Do we have to enforce the entire process ourselves,” asked Chief Justice Aminuddin Khan. The counsel, however, replied that the court can instruct the government. Justice Aminuddin remarked that these matters are the responsibility of the provincial government. Later, the court disposed of the petition.
Meanwhile, another FCC bench comprising Justice Syed Hassan Azhar Rizvi and Justice K K Agha, while hearing the case pertaining to Utility Stores Corporation employee’s dismissal, granted time to dismissed Utility Store salesman Muzammil Rafiq to prepare his case. During the hearing, Justice Rizvi remarked that the FCC should not be turned into a political arena. He asked the petitioner that if he had withdrawn the intra-court appeal against the dismissal from the Lahore High Court. Petitioner Muzammil Rafique replied that the court had advised him to do so.
He informed the court that 12,000 employees were dismissed. Justice Rizvi, however, asked the petitioner that he should confine himself to his own case. “How can you file a direct petition in the federal court,” asked Justice Rizvi, advising the petitioner to consult a lawyer and further advised him to read the 27th Constitutional Amendment before the next hearing.
Justice Rizvi remarked that Utility Stores have caused losses of millions and billions, adding that it was the staff, not the public, who enjoyed the benefits at Utility Stores. Later, the court adjourned the hearing for date-in-office.
Meanwhile, after being established under the 27th Constitutional Amendment, the FCC has taken drastic decisions while adopting the Supreme Court Rules, 2025 for its practice and procedure.
The FCC took these decisions with the approval of its Chief Justice Aminuddin Khan in pursuance of its Full Court meeting held on November 17, and notified for implementation.
According to a notification issued by the FCC Registrar, the Full Court meeting unanimously resolved for adopting the Supreme Court Rules, 2025 for the practice and procedure of the FCC, mutatis mutandis, excluding Orders XI, XIII and XXXVII, until framing of the rules of the court.
It was decided that every cause, appeal, petition, or matter will be heard and disposed of by a Bench consisting of not less than two judges, to be nominated by the FCC CJ. Similarly, it was also resolved that appeals arising out of judgements passed by a Division Bench will be heard by a Bench comprising not less than three FCC judges to be nominated by the chief justice.
Likewise, it further resolved that members of the Bar enrolled as senior advocates of the Supreme Court of Pakistan, advocates Supreme Court, and advocates-on-record are entitled to appear as senior advocates, advocates and advocates-on-record before the FCC until further orders.
It was decided that the notification will take effect immediately and will remain operative until modified or superseded.
Meanwhile, the Judicial Commission of Pakistan (JCP) has notified FCC judge Justice Aamer Farooq as JCP member. The notification was issued with the approval of Chief Justice of Pakistan and FCC chief justice jointly.
It was learnt that transfer of cases to the FCC are in progress. Sources revealed that more than 22,000 cases have been transferred from the Supreme Court of Pakistan to the FCC which included cases field under Article 184(3) of the Constitution as well as review petitions.
It was further learnt that appeals filed against the decisions taken by the high courts under Article 199 of the Constitution were also transferred to the FCC. It is expected that the volume of cases could cross 25,000. Meanwhile, Federal Minister for Law and Justice Azam Nazir Tarar and Attorney General Mansoor Usman Awan called on FCC Chief Justice Aminuddin Khan. It was learnt that the meeting took place in the Islamabad High Court building where the trio discussed matters pertaining to the FCC.