The Federal Constitutional Court (FCC) on Tuesday ruled that the jurisdiction of high courts is constitutionally limited and that judicial decisions must be based strictly on the law rather than emotional considerations.
The court annulled a Sindh High Court ruling that had allowed a student to sit for a special or super supplementary examination. It observed that neither the law nor the relevant rules and regulations provide for such an examination, and therefore high courts cannot grant such relief on grounds of sympathy, equality, or personal sentiment.
The FCC further emphasised that compassion or moral reasoning cannot override legal provisions, stating that judges are bound to decide cases in accordance with the law and cannot rely on personal views of fairness or empathy.
It was further held that judicial decisions cannot be based on personal beliefs or political considerations. Judicial credibility lies not in emotional decisions but in the enforcement of the law. Judges are required to dispense justice according to the law, without fear or favour, because Pakistan is a state governed by the Constitution, not by individuals. Judges are not private persons but impartial adjudicators, and giving preference to sympathy over legal duty amounts to a deviation from the judicial office.
The court observed that high courts are created under the provisions of Constitution. Pakistan’s constitutional journey has always remained within the bounds of law, where personal good intentions or unfettered authority have no place in the constitutional system. Under Article 199 of the Constitution, high courts have a limited jurisdiction and may exercise only those powers expressly conferred by the Constitution or law. The court emphasized that no judicial forum has the authority to exceed constitutional limits.
The court clarified that if any power of compassion exists under Article 187, it is vested only in the Supreme Court and the Federal Constitutional Court.
A student of Shaheed Mohtarma Benazir Bhutto Medical University was unable to appear in the annual examinations due to a kidney transplant and also missed the supplementary examinations. The student submitted two applications to the Vice Chancellor in this regard, both of which were rejected by the university administration.
Subsequently, the student approached the Sindh High Court under Article 199 of the Constitution, where he was permitted to appear in a special/super supplementary examination. However, the Federal Constitutional Court declared that decision null and void.
This 18-page decision was issued by Justice Aamer Farooq.
Source: Dunya News
