Pakistan Federal Constitutional Court clarifies jurisdiction

The Federal Constitutional Court (FCC) has issued a ruling asserting that Supreme Court judgments are not binding on its proceedings, though they may carry persuasive value. In an eight-page judgment authored by Justice Aamer Farooq, a three-member bench clarified that while the FCC may draw wisdom from Supreme Court jurisprudence, it is not obligated to follow it, particularly regarding leave to appeal from high court decisions.

The court emphasized that its review jurisdiction is strictly limited to addressing errors or omissions apparent on the face of the record to prevent a miscarriage of justice. The ruling noted that review petitions should not be used as opportunities for litigants to reargue cases or seek fresh hearings on previously decided issues.

In a related matter, the FCC dismissed a review petition filed by the Balochistan Trading Company regarding property lease restoration and ordered the forfeiture of the company's security deposit. The court observed that the petitioner failed to identify any apparent errors and instead merely repeated prior arguments. To discourage frivolous litigation, the court highlighted requirements for legal practitioners to provide reasoned opinions justifying the maintainability of review applications.