Islamabad (HRNW)- The Federal Constitutional Court has ruled that empathy or morality cannot replace the law and that judges must make decisions strictly in accordance with justice and constitutional principles. During the hearing, the court made it clear that judicial decisions must be based on the law rather than emotions, personal beliefs or political considerations.
The court emphasized that judicial credibility lies in the implementation of the law and not in emotionally driven verdicts. It declared null and void the Sindh High Court order that had allowed a student to appear in a special/super supplementary examination, stating that no such provision exists in the law, rules or regulations. Therefore, courts cannot issue orders based on sympathy, equality or personal feelings.
In its ruling, the court said that judges must dispense justice without fear or discrimination, as Pakistan is a constitutional state governed by law. It added that judges are impartial constitutional officeholders and giving preference to sympathy over legal responsibility amounts to abandoning judicial duty.
The Federal Constitutional Court further stated that High Courts are themselves creations of the Constitution and their jurisdiction is limited under Article 199. They can exercise only those powers granted by the Constitution and the law, and no judicial forum has the authority to exceed constitutional limits.
It is worth noting that the case involved a student of Shaheed Mohtarma Benazir Bhutto Medical University who could not appear in annual and supplementary examinations due to a kidney transplant. After the university rejected his applications, the Sindh High Court allowed him to appear in a special examination. However, the Federal Constitutional Court overturned this decision, declaring it beyond legal and constitutional jurisdiction.
This significant verdict was issued by Justice Aamir Farooq in an 18-page written judgment.
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