The government intended for the FCC to begin functioning from the Federal Shariat Court; However, the FSC judges opposed
President Asif Ali Zardari swears in Justice Aminuddin Khan as the President of the Federal Constitutional Court during 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 in its early days, with uncertainty over its permanent location, its staff and the perception battle over its legitimacy.
Currently, there is no clarity on where the FCC will ultimately be located. For now, he has been lodged in the Islamabad High Court (IHC) premises. However, room number 1 has not been made available to the FCC TJ for hearings.
Earlier, the government had planned for the FCC to start functioning from the Federal Shariat Court (FSC). The plan stalled due to objections from FSC judges.
Several FCC judges, including CJ Aminuddin Khan, used their chambers inside the Supreme Court building on Monday. Senior lawyers argue that judges should formally start operating from SC premises.
Meanwhile, the FCC has begun hiring retired officials and judges for administrative positions. However, lawyers believe that to reduce costs, the FCC should consider using existing SC employees for administrative functions.
A Supreme Court official said thousands of cases are expected to be transferred to the FCC for resolution, adding that managing and clearing the backlog will pose a significant challenge for the newly formed court.
Meanwhile, top lawyers are urging the FCC to prioritize cases involving interpretation of the law and the Constitution rather than immediately addressing matters of public interest related to maladministration or poor governance.
They emphasize that the FCC should first establish clear parameters for public interest litigation.
Lawyer Faisal Chaudhry said the lawyers are still unsure whether to file the case before the SC or the FCC as there is still no clarity on their respective jurisdictions. The FCC has yet to formulate its procedural rules. Currently, divisional courts try cases in the absence of a fully developed regulatory framework.
FCC judges also face a “perception battle,” given that they were appointed by the federal government, which is expected to be the main litigant before the court.
The challenge now facing judges is to demonstrate that they do not have an “executive mindset” and will dispense justice “without fear or favor.”
A senior lawyer who challenged the 26th Constitutional Amendment believes 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 the growing momentum, the Sindh High Court Bar Association announced a convention on November 21 to oppose the 27th Amendment.
Meanwhile, it has been discovered that former Supreme Court judge Mansoor Ali Shah, who resigned in protest against the constitutional change, is currently unwilling to visit bar associations.
Justice (retd) Shah is expected to spend a few months in Lahore or possibly abroad as he has been offered international arbitration work and a position at LUMS. He intends to pursue academic interests internationally.
