Shafaqna Pakistan: The Federal Constitutional Court has ruled that Pakistan’s high courts function independently and are not subordinate to either the Supreme Court of Pakistan or the Federal Constitutional Court.
The ruling was issued in response to a request seeking directions to the Islamabad High Court for the early hearing of a pending case.
Justice Aamer Farooq observed that while litigants often approach higher courts to seek expedited decisions, high courts retain full authority over the management and scheduling of their cases.
The court emphasized that Pakistan currently has five autonomous high courts, each exercising its constitutional jurisdiction independently. It noted that although decisions of high courts can be challenged before the Supreme Court or the Federal Constitutional Court, the existence of an appellate mechanism does not make high courts subordinate to those institutions.
The judgment further clarified that lower courts established under Article 203 of the Constitution are subordinate to their respective high courts. However, any direction issued to a high court must be framed carefully so as not to undermine its judicial and administrative independence, including its authority over case management and scheduling.
The court warned that any orders overriding these policies or interfering with case fixation would infringe upon the independence of High Courts. While urgent matters may require accelerated hearings, instructions must be issued in a manner that does not undermine High Court autonomy.
In conclusion, the Federal Constitutional Court directed that the writ petition in question be treated as pending in the Islamabad High Court, with priority given to its urgent nature, while reiterating the principle of judicial independence.
Source: Dunya News
