ISLAMABAD – The Federal Constitutional Court (FCC) finally commenced operations on Monday, marking the first major judicial impact of the recently approved 27th Constitutional Amendment on the judicial landscape. The court commenced hearing a number of cases from its temporary premises within the Islamabad High Court (IHC) building, signaling a significant structural change to the nation’s judicial framework.
The day began with oath-taking ceremony of Justice Rozi Khan Barrech and Justice Arshad Hussain Shah inside the conference room on the ground floor of the IHC building on Constitution Avenue. The FCC Chief Justice Aminuddin Khan administered oath, bringing the court’s existing strength to seven judges. Earlier, the FCC Chief Justice apprised the media that the total sanctioned strength of the court would be 13 judges.
As many as seven courtrooms have been arranged for the FCC judges on different floors of the IHC building. After the ceremony, the formal proceedings commenced with the recitation of the Holy Quran at the main FCC courtroom situated on the first floor.
Since the FCC’s arrangements are not yet complete, the IHC Courtroom No. 2 has been temporarily converted into the main courtroom of the FCC chief justice, with a printed A-4 page affixed at the entrance to designate it as such.
Meanwhile, the IHC Chief Justice Sardar Muhammad Sarfraz Dogar will continue holding court in his original Courtroom No. 1, located above the FCC’s main courtroom. Formal proceedings began at 10:12 am, with Bench-I hearing around five cases in half an hour. During the hearing, those present in the courtroom noted discomforting sounds, such as dragging of furniture, highlighting the rudimentary nature of the shared arrangement.
“With the Federal Shariat Court (FSC) refusing to hand over its building, and the FCC already reeling from myriad teething problems due to sharing its establishment with the IHC, this is the only court in the country without a formal building of its own,” commented a senior counsel on condition of anonymity. He added that even the rooms allocated for law officers have yet to be refurbished.
High-Profile Case Hearings and Benches
On Monday, three different FCC benches adjudicated cases. Bench-I comprised the FCC Chief Justice Aminuddin Khan, Justice Ali Baqar Najafi, and Justice Arshad Hussain Shah. Bench-II included Justice Syed Hasan Azhar Rizvi and Justice Muhammad Karim Khan Agha, while Bench-III consisted of Justice Aamir Farooq and Justice Rozi Khan Barrech.
Bench-I, while taking up a case relating to the controversial change of status of an amenity plot, stayed the August 26, 2025, Sindh High Court (SHC) judgement and issued notices to various respondents, adjourning further proceedings until November 27.
Declaring the matter a public-interest case, the FCC also issued directives to the SHC not to proceed with a contempt of court case against the Karachi Metropolitan Corporation (KMC), which some respondents had moved before the high court.
The KMC, through its mayor, had challenged the SHC decision that declared void and illegal the corporation’s May 19 resolution. This resolution allowed public-private partnership agreements under rental arrangements to initiate commercial activities on nine different amenity plots in Karachi.
The plots involved include prominent public spaces such as Jheel Park, Hill Park, Umer Sharif Park, Bagh Ibn-i-Qasim, KMC Sports Complex, Hosh Muhammad Sheedi Park, and three sites in Clifton Block 1 and 2.
The KMC’s counsel argued that the SHC judgement was unwarranted in law, had created an administrative and executive vacuum, and was based on presumptions and inapplicable precedents. Most importantly, they argued, the verdict failed to consider the contours of public purpose as presently relevant to ground realities.
The senior counsel further confided that there was a strong possibility that the IHC may revert to its old G-10 Sector premises early next year, possibly in January, since litigants face difficulties entering the high-security Red Zone to pursue their cases. The move would also ease logistical issues for lawyers who must shuttle between the district courts and the high court to file bail applications, appeals, etc.
In a move indicating the new court’s assertive claim over its domain, the counsel also disclosed that during hearings in one FCC courtroom, a lawyer was explicitly told that the FCC should be their first priority and that they should appear before it before attending cases at the Supreme Court.
Upcoming Judicial Commission Meeting
In a related development concerning the superior judiciary, there is also a possibility that a meeting of the Judicial Commission of Pakistan (JCP) may be summoned soon for deliberation relating to confirmation of Justice Miangul Hassan Aurangzeb, who was elevated as an acting judge of the Supreme Court on February 14 this year.
The commencement of the FCC, despite initial logistical difficulties, marks a definitive step towards implementing the structural changes mandated by the 27th Amendment, introducing a new tier dedicated to constitutional matters within the country’s judicial hierarchy.
