The Federal Constitutional Court (FCC) has decided to rule on whether its smaller chamber can hear an appeal against a verdict handed down by a broader bench of the Supreme Court and has taken arguments from all sides. A larger five-member bench of the newly formed FCC, headed by Justice Aamer Farooq, expressed this determination on Tuesday while hearing an appeal filed against the Practices and Procedures (Amendment) Ordinance by PTI Chairman Gohar Ali Khan’s lawyer. During the proceedings, advocate Sameer Khosa — representing the PTI president and general secretary — argued that the seven-member SC bench had given the original decision in the case. Since the FCC adopted the Supreme Court rules, a five-member bench cannot hear the appeal under those rules, he said. Justice Farooq observed that a larger bench than the seven-member one would technically be necessary to overturn such a decision. The Additional Attorney General argued that under Section 189, FCC decisions apply to the Supreme Court. "As it is a separate court, the number of judges sitting – whether more or less – makes no difference. It is up to the FCC to decide how many judges will hear an appeal," he argued. Khosa argued that the current appeal was filed under the Practice and Procedure Act and therefore only a larger court can hear an appeal against a decision made under that Act. Justice Farooq observed that the issuance of notice does not appear to be problematic. The court then notified the government of the appeal filed against the Practices and Procedures Order. Sameer Khosa also opposed the FCC itself, saying questions existed about the independence of the Court and, he said, about its very status. He said he had expressed his views to his clients and it now remains to be seen whether they still wish to retain him as counsel. Justice Aamer Farooq observed that raising such objection was his legal right. The FCC will now formulate a principle according to which a narrower panel of the Constitutional Court can hear an appeal against a decision of the larger panel of the Supreme Court. The FCC was created as a court above the Supreme Court by the 27th Constitutional Amendment which was bulldozed through the Legislature on November 12. Two SC judges – Justice Syed Mansoor Ali Shah and Justice Athar Minallah – resigned in protest against the amendment.
FCC to issue rule for handling SC calls
