Federal Constitutional Court Rules Pakistan’s High Courts Operate Independently
The Federal Constitutional Court (FCC) has ruled that high courts in Pakistan are fully independent and not subordinate to either the Supreme Court or FCC. This decision came after a request was made for the Islamabad High Court to expedite its proceedings on an ongoing case.
Justice Aamer Farooq highlighted that while higher courts often encourage faster decisions, it is crucial to remember that high courts maintain their autonomy in managing cases. The court emphasized Pakistan’s five autonomous High Courts function independently under constitutional authority and can be challenged in the Supreme Court or FCC without compromising their independence.
The judgment also clarified that lower courts established under Article 203 are subordinate to their respective High Courts. However, any directives given to a High Court must respect its judicial and administrative freedom, including case management and scheduling policies. The court warned against orders overriding these policies or interfering with case fixation as it would infringe on the independence of High Courts.
In urgent matters requiring accelerated hearings, instructions should be issued in a manner that does not undermine High Court autonomy. The FCC has directed that the writ petition under consideration be treated as pending in the Islamabad High Court, given its urgency, while reaffirming the principle of judicial independence.