ISLAMABAD: The newly established Federal Constitutional Court (FCC) began functioning on Friday after its chief justice and four judges took oath, but the historic development was overshadowed by a boycott from five senior Islamabad High Court (IHC) judges and widespread criticism over the criteria behind the appointments. Questions have been raised about whether seniority or constitutional expertise played any role, as several more senior judges from the now-dissolved Constitutional Bench were overlooked.
Read More: SA session marred by MQM member’s protest on refusal of privilege motion
Legal experts argue that the appointments contradict the spirit of the landmark 1996 Al-Jihad Trust case, which emphasised transparency in judicial selections to uphold public trust. Except for Chief Justice Aminuddin Khan, critics say none of the appointees is known for a substantial constitutional background, fuelling concerns that the new court is being “packed” to secure favourable rulings.
The controversy deepened after two Supreme Court judges resigned ahead of the appointments, citing the 27th Constitutional Amendment — the legal basis for the FCC — as an attack on judicial independence. Former senior officials and lawyers described the moment as a “funeral” for the existing constitutional order, warning that allowing the executive to appoint FCC judges and transfer high court judges without consent could severely undermine the judiciary.
Read More: BBC chief and news head resign amid bias controversy
Despite the turmoil, the FCC took its first administrative steps, appointing a registrar and beginning operations under temporary arrangements. Meanwhile, President Asif Ali Zardari formally accepted the resignations of Supreme Court Justices Mansoor Ali Shah and Athar Minallah, whose departure has been widely mourned by senior lawyers, who called them heroes for standing by principle.