Islamabad (HRNW)- The Federal Constitutional Court (FCC) has made public its 126-page rules governing a wide range of judicial procedures, including contempt proceedings, review petitions, death sentences, adjournments, appeals under Article 63A, oral arguments, bench formation, and the enrollment of lawyers.
Under the rules, the FCC may initiate suo motu contempt proceedings, while contempt proceedings may also be started on the basis of a petition filed by any individual.
The rules provide penalties for frivolous or mala fide review petitions. A minimum cost of Rs25,000 may be imposed on a lawyer, while the party filing such a petition may also be ordered to pay at least Rs25,000. A petitioner seeking review must additionally deposit Rs50,000 as security, which may be forfeited if the petition is dismissed or found to be frivolous.
As far as possible, review petitions will be heard by the same bench that issued the original judgment or order. Where a member of the original bench is unavailable, the rules provide for the matter to be heard, where possible, by a bench containing one or more judges from the original bench. No further review petition may be filed against a review order.
In cases involving a death sentence, the Registrar is required to immediately notify the relevant government after a review petition is filed. The execution would automatically be suspended while the review is pending, without the need for a separate court order. This automatic suspension does not apply where all available legal proceedings, including appeals, reviews and mercy petitions, have already been exhausted.
The rules also authorize the FCC to requisition the record of a case pending before another court where a significant constitutional interpretation issue is involved. After receiving the record and hearing the parties, the FCC may issue an appropriate order and return the record with further instructions where required.
For habeas corpus petitions, the rules require filing at the Registry or a Branch Registry along with an affidavit from the detained person. The petition must also disclose whether the relevant High Court has previously been approached for the same relief. Where the detainee cannot provide an affidavit because of detention, another person familiar with the facts may submit an affidavit explaining the circumstances.
Under Article 175E(3), habeas corpus petitions are to be fixed for hearing within seven days, and no court fee is to be charged for such petitions or criminal proceedings initiated under that constitutional provision.
The rules impose a 60-day period for filing an application for leave to appeal in criminal cases. They also restrict adjournments, stating that these should be granted only in exceptional circumstances and are not a matter of right. Applications that are vague, unnecessary, or intended to delay proceedings may be rejected, while compensatory costs may be imposed where appropriate.
The FCC may impose minimum costs of Rs25,000 for frivolous or mala fide applications, with such amounts potentially being forfeited or awarded to an opposing party. The Registrar may also refuse to accept applications that violate the rules or contain contemptuous language, subject to an appeal before the Judge-in-Chambers within 14 days.
Regarding Article 63A, the rules provide that an appeal against an Election Commission decision may be filed before the FCC within 30 days, with such appeals to be decided within 90 days. The constitutional framework already places Article 63A appeals before the FCC following the 27th Amendment.
The rules also introduce fixed limits for oral arguments. Lawyers will generally receive 10 minutes per side, while cases involving significant questions of law may receive up to 30 minutes. Written briefs, including soft or scanned copies, are to be submitted at least two days before the hearing. The FCC has previously introduced a courtroom stopwatch to enforce the 10-minute limit, while allowing additional time in important or complex cases at the court’s discretion.
Every case or appeal is to be heard by a bench of at least two judges. Where judges are equally divided, the matter may be referred to another judge or a larger bench nominated by the Chief Justice, taking into account factors such as importance, complexity, and public interest. A larger bench may also be constituted at any stage of proceedings.
The rules establish separate rolls for Senior Advocates, Advocates, and Advocates-on-Record. Lawyers must provide a Pakistan Bar Council enrollment certificate before being entered on the relevant roll, while the Chief Justice and judges may remove a lawyer’s name in cases of professional misconduct or misbehavior.
For enrollment as an Advocate, the rules require at least seven years of practice as a High Court Advocate, along with certification of suitability by the Chief Justice and High Court judges. The Chief Justice and judges may also designate lawyers as Senior Advocates on the basis of their knowledge, competence, and experience, with the enrollment fee for Senior Advocates fixed at Rs100,000.
The rules further require all cases, petitions, appeals, and review petitions to be categorized into different classes and sub-classes. With the Chief Justice’s approval, the Registrar will prepare and publish a comprehensive schedule governing the filing, scrutiny, registration, listing, allocation, and statistical management of cases.
The publication of the rules provides a detailed procedural framework for the newly established Federal Constitutional Court and sets out mechanisms intended to regulate proceedings, manage cases, and facilitate the disposal of constitutional and other matters before the court.
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