ISLAMABAD: The Supreme Court and the Federal Constitutional Court (FCC) are independent entities with equal authority, a division bench headed by Chief Justice Yahya Afridi clarified in a comprehensive ruling on their respective jurisdictions.
The court’s detailed interpretation emphasized that decisions made by the FCC will be binding on other courts. “Article 189 does not establish subordination between the courts,” the verdict states. “Appeals related to constitutional petitions filed under Article 189 will be addressed by the constitutional court,” the bench clarified.
The ruling further specified that constitutional cases and ordinary cases should be routed to their respective forums for adjudication. “Constitutional matters will be heard by the constitutional court, whereas civil and regular cases will be decided by the Supreme Court,” the decision outlined.
To prevent conflicting judgments, the principle of “judicial respect” will be observed, ensuring both courts operate within their defined spheres while respecting each other’s authority, the verdict added.
The FCC will handle appeals filed under Article 199, while the Supreme Court will continue to oversee general civil and routine appeals, according to the ruling.
The court also highlighted that the Federal Constitutional Court’s specific jurisdiction was established through the 27th Constitutional Amendment. It ordered that relevant cases be distinctively separated, as per a joint verdict issued by the Peshawar High Court. “Civil appeals will stay with the Supreme Court, and constitutional petitions’ appeals will be heard by the constitutional court,” the decision read.
Additionally, the verdict stated that cases of contempt of court should be heard by the court whose orders were allegedly disobeyed, reaffirming the separation of jurisdictions.
