The 27th Amendment gives the FCC no authority to reopen SC verdicts, thereby reinforcing the finality of private and public litigation.
ISLAMABAD:
The Federal Constitutional Court ruled on Thursday that a parallel appeal cannot be filed against the decision of the Supreme Court of Pakistan, reinforcing the fact that the final decisions of the apex court are irrevocable.
The FFC clarified that it could not hear appeals against the final decisions of the SC, which marks an important decision after months of legal uncertainty.
The Court said that even after the 27th Amendment to the Constitution, which created the FCC, the new court does not have the power to oversee or reopen judgments already made by the Supreme Court. “The Constitution does not permit endless litigation; every legal battle must have a conclusion,” the court noted in its written verdict.
Read: The FCC speaks out in a century-old plea on land transfer
The decision comes after a series of petitions were filed with the FCC challenging the Supreme Court’s verdicts, raising concerns about parallel litigation and the finality of the supreme courts’ decisions. The FCC emphasized that while it was created to protect constitutional rights and provide a forum for certain specialized cases, it cannot serve as a forum to review the Supreme Court’s final orders.
Chief Justice Aminuddin Khan dismissed a review petition filed against the Supreme Court’s September 12, 2024 order. The petitioner had argued that a three-member bench of the Supreme Court had ruled in his favor in 2015, but the verdict was set aside by a two-member bench in 2022. The case pertained to a land compensation dispute with the Multan Development Authority.
The FCC held that the land dispute was not of public importance but a private matter and therefore did not warrant reopening the Supreme Court’s decision. The court also clarified that no review could be requested under the guise of “reconsideration” or “remedial measures”.
Learn more: FCC closes door to new litigation
The decision reinforces the principle of judicial finality and limits attempts to use the FCC to circumvent the Supreme Court’s authority. Following the 27th Amendment, several petitions challenging decisions of the highest courts were filed with the FCC, creating confusion over the scope of its jurisdiction. This verdict now establishes that the FCC cannot act as an appellate body against the Supreme Court.
Petitioner’s petition for review before the Supreme Court was also denied prior to the FCC case.
