27th Amendment Empowers FCC to Hear Constitutional Cases

A significant development has taken place in the country’s judicial landscape, as the 27th Amendment has vested the Federal Constitutional Court (FCC) with the authority to hear all constitutional cases, according to Minister of State for Law and Justice Barrister Aqeel Malik. This move has sparked a debate about the role of the Supreme Court (SC) in hearing such cases.

Minister’s Statement on 27th Amendment

Speaking on Geo News’ programme ‘Aaj Shahzeb Khanzada Kay Saath’, Malik stated that the 27th Amendment has clearly empowered the FCC to hear constitutional matters, rendering the Supreme Court an incorrect forum for such cases. He questioned the decision of judges to file their petition in the SC, suggesting that it should have been submitted to the constitutional court instead.

Establishment of Constitutional Court

Malik explained that the constitutional court has been established, and all cases of a constitutional nature will now be heard by it. He also mentioned that the Supreme Court and the FCC have adopted their respective rules, further solidifying the FCC’s role in hearing constitutional cases.

Judicial Independence and Resignations

Addressing concerns about judicial independence, Malik rejected claims of any compromise, stating that the authority for transferring judges has been assigned to the Judicial Commission, rather than the president. He also clarified that resigning is the judges’ prerogative, and a misleading impression is being created regarding judicial resignations.

Challenges to the 27th Amendment

Meanwhile, sources have revealed that four Islamabad High Court judges have decided to challenge the 27th Amendment in the Supreme Court. A draft of their petition has been prepared and sent ahead, with Justice Mohsin Akhtar Kayani, Justice Babar Sattar, and Justice Saman Rafat Imtiaz among those involved.

For more news and updates, visit Watan News.