Pakistan Federal Constitutional Court jurisdictional rulings

The Federal Constitutional Court (FCC) has issued several rulings defining its judicial authority and scope. In an eight page judgment, the court clarified that Supreme Court decisions are not binding on FCC proceedings, though they may serve as persuasive guidance. The court emphasized that its review jurisdiction is limited to correcting errors or omissions apparent on the face of the record to prevent miscarriages of justice, rather than allowing litigants to reargue settled issues. In a recent development, a two member bench led by Chief Justice Aminuddin Khan issued an interim order prohibiting the Peshawar High Court (PHC) from hearing cases related to arrests made under the Maintenance of Public Order (MPO) Ordinance in Khyber Pakhtunkhwa (KP) until further notice. This order follows a challenge by the KP provincial government against previous PHC orders that had granted interim relief to Pakistan Tehreek-e-Insaf (PTI) workers. The PHC had previously restrained authorities from making arrests under Section 3 of the MPO and ordered the release of certain detainees on bail. During proceedings, the KP Advocate General argued that under Article 245 of the Constitution, the high court cannot interfere in areas where the military is conducting operations to assist civil administration. Justice Aamir Farooq questioned the implications of this ruling, noting that many petitions are filed under Article 199 daily and asking if the high court would be entirely prevented from hearing such cases. Counsel for the respondents, Shah Faisal Ilyas, objected to the stay order, arguing that the court should have heard their position before issuing the restraint. The Chief Justice directed counsel to review the written order and submit formal objections. Concurrently, the Peshawar High Court has referred petitions concerning the detention and alleged disappearance of several PTI leaders to the Chief Justice for the formation of a larger bench.