The Federal Constitutional Court (FCC) decided to establish a principle on the question of whether its smaller chamber can hear an appeal against a ruling issued by a larger chamber of the Supreme Court and sought arguments from all parties. A five-member larger bench of the newly formed FCC, headed by Justice Aamer Farooq, on Tuesday expressed this determination while hearing an appeal filed against the Practice and Procedure (Amendment) Ordinance by PTI Chairman Advocate Gohar Ali Khan. During the proceedings, advocate Sameer Khosa, representing the PTI president and general secretary, argued that the seven-member SC bench had given the initial decision in the case. Since the FCC adopted the Supreme Court Rules, a five-member court cannot hear the appeal under those rules, he said. Justice Farooq observed that technically a larger bench than the seven-member bench would be required to overturn such a decision. The additional attorney general argued that under Section 189, FCC decisions apply to the Supreme Court. "As this is an independent court, the number of judges on the court (whether more or less) does not make a difference. It is up to the FCC to decide how many judges will hear an appeal," he maintained. Khosa maintained 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 rendered under that law. Justice Farooq commented that issuing notices does not seem problematic. The court then notified the government about the appeal against the Practices and Procedures Ordinance. Sameer Khosa also objected to the FCC itself, saying there are questions about the court’s independence and, in his view, its very status. He stated that he had informed his clients of his opinion and that it now remains to be seen if they still wish to hire him as a lawyer. Justice Aamer Farooq commented that raising such an objection is his legal right. The FCC will now formulate a principle on whether a smaller chamber of the Constitutional Court can hear an appeal against a decision of the larger chamber of the Supreme Court. The FCC was created as a court superior to the Supreme Court by the 27th Constitutional Amendment that was approved by parliament on November 12. Two Supreme Court judges, Justice Syed Mansoor Ali Shah and Justice Athar Minallah, resigned in protest against the amendment.
The FCC will establish a rule to handle SC appeals
