Federal Constitutional Court

The Supreme Court ruled it cannot hear bail applications in pending National Accountability Bureau (NAB) cases and transferred them to the Federal Constitutional Court (FCC). The decision, authored by Justice Muhammad Ali Mazhar, cited constitutional and legal provisions to establish jurisdictional limits. Two petitions—one from NAB and another from an under-trial prisoner—were central to the ruling.

KP's petition before the Federal Constitutional Court seeks Rs964bn as its claimed tax revenue share since the Fata merger in 2018, raising constitutional and fiscal questions about Pakistan's federal structure. The article highlights concerns over the National Finance Commission's dysfunction, the validity of an NFC Award based on outdated data, and the need to convene the Council of Common Interests to address provincial autonomy and resource distribution.

The Khyber Pakhtunkhwa government filed a constitutional petition in the Federal Constitutional Court (FCC), challenging the continued extension of the 7th NFC Award after the 2018 merger of Federally Administered Tribal Areas into the province. It claims its Rs964 billion share in the Federal Consolidated Fund should reflect expanded responsibilities and population following the 25th Constitutional Amendment.

The Supreme Court of Pakistan reserved its ruling on a jurisdictional dispute between itself and the Federal Constitutional Court (FCC) over authority to hear bail applications in pending National Accountability Bureau (NAB) appeals. The court is examining whether bail applications fall under the FCC's jurisdiction per the 27th Constitutional Amendment or remain under the Supreme Court's purview under Section 32 of the NAB law.

The Federal Constitutional Court (FCC) overturned earlier Supreme Court (SC) and Islamabad High Court (IHC) decisions that led to the demolition of Monal Restaurant and other establishments in Margalla Hills National Park (MHNP), calling it a 'grave miscarriage of justice'. The FCC ruled that the closure of these restaurants violated the Islamabad Wildlife Ordinance of 1979 and transferred administrative authority of the park to the Capital Development Authority (CDA).

The Supreme Court is considering whether it retains jurisdiction to hear bail applications in pending National Accountability Bureau (NAB) cases or if such matters must be transferred to the Federal Constitutional Court (FCC) under the 27th Constitutional Amendment. The Attorney General for Pakistan argues that both appeals and bails in these cases should now be handled by the FCC, while Imran and Bushra have filed chamber appeals seeking Supreme Court jurisdiction in the Al-Qadir case.

The Federal Constitutional Court (FCC) overturned Sindh High Court (SHC) orders allowing a contractor to claim price escalation beyond agreed terms for the Nai Gaj Dam project, directing completion under the original contract. The FCC prohibited further judicial interventions until project completion and mandated adherence to the arbitral award and 2021 MoU.

The Federal Constitutional Court (FCC) overturned a Supreme Court (SC) ruling that allowed the demolition of Monal Group's restaurants and Gloria Jeans in Margalla Hills National Park. The FCC directed trial courts to resolve ownership disputes, while administrative matters will be handled by regulatory bodies.

The Federal Constitutional Court (FCC) ruled that the Supreme Court overstepped its jurisdiction by ordering citywide demolitions of illegal constructions in Karachi. The FCC decision shifts responsibility to the Sindh government and Sindh Building Control Authority (SBCA) to regulate and preserve public amenities under existing laws.

The Federal Constitutional Court (FCC) recalled Supreme Court orders from 2018 and 2019 that authorized the Sindh government to demolish illegal buildings in Karachi, including the Nasla Tower. The FCC ruled that enforcing building laws is the provincial government's responsibility, not the judiciary, and criticized the Supreme Court for overstepping its role in directing citywide demolitions.

The Federal Constitutional Court (FCC) ruled that land acquired for industrial purposes cannot be converted into residential housing schemes, upholding a Peshawar High Court (PHC) decision against Adil International (Pvt) Ltd's attempt to repurpose mill land. The FCC emphasized the land, acquired in 1954 for Paper and Board Mills, must retain its original use, rejecting the company's claim to convert it into a housing scheme.

The Judicial Commission of Pakistan (JCP) has formed interview committees to vet candidates for high court judge appointments without including any Supreme Court judges. The panels, chaired by Federal Constitutional Court judges, include high court chief justices, the attorney general, senators, and a bar association representative for four high courts.

Justice Munib Akhtar took oath as acting Chief Justice of Pakistan (CJP) in Karachi, administered by Justice Muhammad Shafi Siddiqui. The current CJP, Justice Yahya Afridi, is abroad, and Akhtar will act in his absence.

The Federal Constitutional Court (FCC) in Pakistan issued a landmark ruling mandating heightened judicial scrutiny for transactions affecting women’s inheritance rights. The court overturned a lower court decision that upheld a compromise agreement disinheriting two sisters, emphasizing that female heirs must be protected from coercion, fraud, and social pressure in inheritance disputes.

The Federal Constitutional Court (FCC) ruled that Section 7E of the Income Tax Ordinance 2001, which imposes taxes on non-income-generating immovable properties, is 'confiscatory in nature' and violates constitutional principles. The court criticized the provision for enabling discriminatory taxation and causing undue financial burdens on taxpayers, particularly as it overlaps with provincial fiscal authority and risks double taxation.

The Supreme Judicial Council (SJC) in Pakistan amended the Code of Conduct for judges to allow superior court judges to attend political or diplomatic functions with prior approval from chief justices. The June 11 meeting, led by Chief Justice Yahya Afridi, also included the newly established Federal Constitutional Court (FCC) in the code's title and updated procedures for reporting attempts to influence judicial decisions.

The Federal Constitutional Court (FCC) questioned a 2024 Supreme Court (SC) judgment ordering the demolition of restaurants in Margalla Hills National Park (MHNP), including Monal, La Montana, and Gloria Jeans. The FCC reviewed a petition by the Capital Development Authority (CDA) challenging the SC's decision to protect the park's biodiversity, while the federal government argued the judgment was unsustainable due to similar structures in the area.

The Federal Constitutional Court (FCC) ordered a fresh test of a seized chemical to determine if it is light aliphatic hydrocarbon (LAH) or smuggled Iranian petrol. The chemical was seized in 2023, and the court expressed concerns about risks from keeping fuel-laden tankers impounded for nearly three years. The FCC also indicated the goods could be released if the test confirms it is LAH.