ISLAMABAD: Pakistan’s first Federal Constitutional Court (FCC) has issued its inaugural decision, suspending a Peshawar High Court (PHC) verdict while hearing an appeal filed by the Khyber Pakhtunkhwa (KP) government.
The FCC has also issued notices to all concerned respondents and granted a stay order against the PHC’s decision.
A two-member bench led by Justice Hasan Rizvi took up the provincial government’s appeal, which contested the high court’s ruling related to employer–employee obligations.
During the hearing, Justice Hasan Rizvi questioned how a low-income worker could afford the required security deposit. Responding to the query, Additional Advocate General said the case directly concerns poor labourers, ecplaining that under the law, if a private institution dismisses a worker, it must clear all outstanding dues.
The law officer further informed the court that if a private entity fails to pay these dues, the worker can file an appeal with the relevant department. If the decision favours the labourer, the private institution must then deposit the required security while appealing the order. He further contended that the PHC had removed the requirement for private institutions to submit the security deposit during appeals, and requested that the ruling be suspended.
Following the arguments, the FCC’s bench 2 headed by Justice Hassan Rizvi suspended the high court’s decision and issued the notices.
FCC first day:
The first Federal Constitutional Court (FCC) formally commenced its inaugural hearing on Monday under the leadership of Chief Justice Aminuddin.
The bench commenced proceedings in Courtroom No. 2 of the Islamabad High Court (IHC) building, where a three-judge bench headed by Chief Justice Aminuddin conducted the hearing of the cases. The first bench of the FCC includes Chief Justice Aminuddin, Justice Ali Baqar Najafi, and Justice Arshad Hussain Shah.
Earlier, Chief Justice Ameenuddin Khan had formed three benches for the FCC. Bench 2 includes Justice Hassan Rizvi and Justice K. K. Agha, while Bench 3 consists of Justice Aamer Farooq and Justice Rozi Khan.
Meanwhile, with the FCC now operating from the Islamabad High Court building, the process of relocating courtrooms is underway. IHC Chief Justice Sarfraz Dogar will continue hearing cases in Courtroom No. 1, while Chief Justice of the FCC Aminuddin Khan will preside from Courtroom No. 2.
The courtroom previously assigned to Justice Mohsin Akhtar Kayani in Court 2 has been shifted to the courtroom of Justice Miangul Aurangzeb. Constitutional Court judges Justice Aamer Farooq and Justice Hassan Azhar Rizvi will sit on the third floor.
Oath taking ceremony:
Earlier today, two more judges of the FCC, Justice Rozi Khan and Justice Arshad Hussain Shah, took their oath of office. Chief Justice Aminuddin Khan administered the oath during a ceremony held at the IHC building.
The event was attended by judges of the FCC, law officers, and court staff. Among those present were Justice Hassan Rizvi, Justice Aamer Farooq, Justice Ali Baqar Najafi, Justice K. K. Agha, as well as Islamabad High Court Chief Justice Sarfraz Dogar, Justice Arbab Tahir, Justice Khadim Hussain Soomro, Justice Inaam Amin Minhas, Justice Asif, and Justice Azam Khan.
Read More: Justice Aminuddin Khan to take oath today as first chief of FCC
