Islamabad — Can a smaller bench of the Federal Constitutional Court hear an appeal against the decision of the Supreme Court’s larger bench or not? The Federal Constitutional Court, after hearing arguments from the parties on this question, has decided to set a principle.
A hearing was held in the Constitutional Court on the appeal against the Practice and Procedure Amendment Ordinance. A five-member larger bench headed by Justice Aamir Farooq heard barrister Gohar’s appeal.
Lawyer Sameer Khosa took the position that the Supreme Court’s seven-member bench had given the initial decision. The Constitutional Court has adopted the Supreme Court’s rules, and according to the rules, a five-member bench cannot hear the appeal.
Justice Aamir Farooq said that to change a decision, a bench larger than the seven-member bench would be required. Lawyer Sameer Khosa said that nothing like this is written in the notification of the rules issued by the Constitutional Court.
The Additional Attorney General said that under Article 189, the decision of the Constitutional Court applies to the Supreme Court. Because this court is separate, the number of judges being more or fewer does not matter. The Constitutional Court itself has to determine how many judges will hear the appeal.
Lawyer Sameer Khosa said that the present appeal has been filed under the Practice and Procedure Act. Under the law that gave the decision on Practice and Procedure, only a larger bench can hear the appeal.
Justice Aamir Farooq said that, as far as issuing the notice is concerned, no problem seems to exist. The court issued a notice to the government against the Practice and Procedure Amendment Ordinance.
During the hearing, the lawyers of the PTI Chairman and PTI Secretary General, Sameer Khosa, raised an objection to the Federal Constitutional Court and took the position that there are questions over the independence of the Federal Constitutional Court; in my opinion, there are questions over the status of the Federal Constitutional Court.
Sameer Khosa said that I have informed my clients about my opinion; now it remains to be seen whether my clients want to keep me as their lawyer or not.
Justice Aamir Farooq remarked that raising an objection is your legal right.
Can a smaller bench of the Federal Constitutional Court hear an appeal against the Supreme Court’s larger bench’s decision or not? The Federal Constitutional Court, after hearing the arguments of the parties, has decided to set a principle on this question.
