The government intended for the FCC to begin operating from the Federal Sharia Court; however, FSC judges objected
President Asif Ali Zardari swears in Justice Aminuddin Khan as the Chief Justice of the Federal Constitutional Court at a ceremony at Aiwan-i-Sadr on Friday. Photo: APP
ISLAMABAD:
The newly created Federal Constitutional Court (FCC) is grappling with its first legal and administrative challenges from its inception, with uncertainty over its permanent seat, its staff and the perception battle over its legitimacy.
At this time, there is no clarity on where the FCC will ultimately be housed. For now, it is housed in the premises of the Islamabad High Court (IHC). However, Courtroom #1 was not made available to the FCC CJ for hearings.
Previously, the government planned for the FCC to start operating from the Federal Sharia Court (FSC). The plan was blocked due to objections from FSC judges.
Several FCC judges, including CJ Aminuddin Khan, used their chambers in the Supreme Court building on Monday. Senior lawyers argue that judges should officially start operating from the SC premises.
Meanwhile, the FCC began hiring retired officials and judges for administrative positions. However, attorneys believe that to reduce costs, the FCC should consider using existing SC employees for administrative roles.
A Supreme Court official said thousands of cases would have to be transferred to the FCC for adjudication, adding that managing and clearing the backlog will pose a major challenge for the newly formed court.
Meanwhile, senior lawyers are urging the FCC to prioritize cases involving interpretation of the law and the Constitution rather than immediately addressing public policy issues related to maladministration or poor governance.
They emphasize that the FCC should first establish clear parameters for public interest litigation.
Lawyer Faisal Chaudhry said lawyers remain unsure whether to file the case before the SC or FCC as there is still no clarity on their respective jurisdictions. The FCC has not yet formulated its procedural rules. Currently, division courts hear cases in the absence of a fully developed regulatory framework.
FCC judges also face a “battle of perception,” given that they were appointed by the federal government, which itself is supposed to be the lead litigator before the court.
The challenge now facing judges is to demonstrate that they do not have an “executive” mind and will dispense justice “without fear or favor.”
A veteran lawyer who has challenged the 26th Constitutional Amendment believes that the Bar should avoid filing petitions against the 27th Amendment at this stage, arguing that “the executive has complete control over the judiciary.” Adding to this growing momentum, the Sindh High Court Bar Association has announced to hold a convention on November 21 to oppose the 27th Amendment.
Meanwhile, it has emerged that former SC judge Mansoor Ali Shah, who resigned in protest against the constitutional amendment, is currently not keen on visiting the bars.
Justice (retd) Shah is expected to spend a few months in Lahore or possibly abroad as he has been offered an international arbitration job and a position at LUMS. He intends to pursue his academic interests on the international stage.
