ISLAMABAD:
The newly constituted Federal Constitutional Court (FCC) on Monday started hearing cases at the Islamabad High Court (IHC) building, whose main courtroom was previously used by IHC judge Mohsin Akhtar Kayani.
The bench, formed under the 27th Constitutional Amendment, was also expanded to seven judges with the addition of Justice Syed Arshad Hussain Shah and Justice Rozi Khan Barrech.
Justice Shah served as the Chief Justice of the Gilgit-Baltistan High Court of Appeal from 2019 to 2022, while Justice Barrech was elevated to the FCC from the Balochistan High Court (BHC), where he had served as Chief Justice since June this year.
According to sources, the FCC will be permanently established in the IHC building located on Islamabad’s Constitution Avenue, while the IHC itself will shift back to its old building in Sector G-10 of the federal capital, with the relocation process expected to be completed by January.
The items on the third floor of the current IHC building have already been shifted to the G-10 premises. Joint Secretary Mohammad Asad was appointed supervisor of records transfer.
In courtroom number 2 of the IHC court, formerly Justice Kayani’s courtroom, a simple handwritten sheet reading “Chief Justice of the Federal Constitutional Court of Pakistan” was pasted at the entrance.
On Monday, the FCC formally began the procedure after notifying three courts. The first bench, headed by FCC Chief Justice Amin-ud-Din Khan, included Justice Ali Baqar Najafi and Justice Syed Arshad Hussain Shah.
The second court comprised Justice Hassan Azhar Rizvi and Justice KK Agha, while the third court included Justice Aamer Farooq and Justice Rozi Khan Barrech.
The proceedings in the courtroom of Justice Amin-ud-Din Khan began with the recitation of the Holy Quran. During about half an hour of proceedings, the court heard all five cases, although lawyers did not appear in two of them.
The court accepted the appeal of the Karachi Metropolitan Corporation (KMC) against the decision of the Sindh High Court on the use of public parks in Karachi for commercial sports activities.
KMC’s counsel argued that the matter related to the powers of KMC and that the corporation had approved the use of public parks for sports activities through a resolution. The SHC had held that KMC lacked such authority, prompting the appeal.
The court noted that the matter involved public interest and issued a stay order against the SHC judgment. It also issued notices to all parties and adjourned the hearing till November 27.
The petitioner’s counsel submitted that contempt cases had also been filed against him. The court ordered the SHC not to proceed with the contempt proceedings. The court also heard a case related to the availability of life-saving medicines.
During the hearing, Additional Solicitor General Aamir Rehman appeared before the court on the court’s request. The Chief Justice noted that this was a case of public interest and that the government must review the availability of medicines.
The court requested a DRAP report on the availability of medicines and adjourned the hearing indefinitely.
