Islamabad (Pakistan News) — The Federal Constitutional Court has ruled in an important judgment that the country’s High Courts are fully independent constitutional institutions and are neither subordinate to the Supreme Court of Pakistan nor administratively controlled by the Federal Constitutional Court.
The ruling was issued in response to a petition seeking directions for the Islamabad High Court to expedite the hearing of a case. In the written opinion, Justice Aamer Farooq noted that higher courts frequently receive petitions requesting orders for High Courts to decide matters on an urgent basis.
The court emphasized that Pakistan currently has five autonomous High Courts, each functioning independently under its own constitutional authority and jurisdiction.
According to the judgment, district courts and other subordinate courts established under the Constitution fall within the supervisory jurisdiction of the relevant High Court. However, while decisions of High Courts may be challenged before the Supreme Court or the Federal Constitutional Court, the right of appeal does not make a High Court a subordinate institution.
The Federal Constitutional Court further stated that extreme caution and appropriate language should be used when issuing directions concerning High Court proceedings or judgments, as each High Court has its own independent system for case management, roster formation, and judicial administration.
The judgment added that any order affecting a High Court’s internal policies or case scheduling system could be regarded as interference with its judicial and administrative autonomy.
The court also observed that certain urgent matters may require expedited hearings, but even in such cases, the independence and autonomy of the High Courts must be fully respected.
Allowing the appeal, the court held that the relevant constitutional petition would remain pending before the Islamabad High Court and expressed the expectation that, given the urgent nature of the matter, it would be fixed for hearing at the earliest opportunity.