ISLAMABAD (HRNW) – Laying down a landmark legal principle, the Federal Constitutional Court (FCC) has ruled that no High Court in the country is subordinate to either the Supreme Court or the Federal Constitutional Court; rather, each High Court stands as an independent and sovereign constitutional court.
The ruling was issued in a detailed judgment after a plea was filed before the Federal Constitutional Court seeking directions for the Islamabad High Court to swiftly decide a pending case. In the written judgment, Justice Aamer Farooq noted that while higher courts are frequently requested to issue directives to High Courts for the expeditious disposal of cases, it is indispensable to keep constitutional boundaries in mind regarding this matter.
According to the Federal Constitutional Court, there are currently five autonomous High Courts operating in Pakistan, and each High Court functions as an independent constitutional institution. The judgment clarified that while a decision of a High Court can be challenged before the Supreme Court or the Federal Constitutional Court, this appellate jurisdiction does not, under any circumstances, render the High Court a subordinate body.
The court further decreed that district courts and other sub-courts established under Article 203 of the Constitution are subordinate to the High Court, whereas the High Court itself possesses complete constitutional and administrative autonomy.
The judgment emphasized that extreme caution and appropriate language must be exercised when passing observations or issuing instructions to High Courts, as every High Court maintains its own independent roster, case management system, and case-scheduling policies. Any external directive that overrides these internal policies would be equivalent to interference in the judicial and administrative independence of the High Court.
The Federal Constitutional Court also clarified that in certain urgent matters, an expeditious hearing may be expected from the respective High Court; however, even in such instances, the choice of words must be carefully selected so that the sovereignty of the High Court is not undermined.
Accepting the appeal, the court ruled that the relevant writ petition shall be deemed pending before the Islamabad High Court and expressed the expectation that, keeping the urgent nature of the matter in view, the High Court will fix it for a hearing as soon as possible.
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