FCC expands further with oath of Justice Barrech and Justice Shah

ISLAMABAD: Two additional judges of the Federal Constitutional Court (FCC) were sworn in on Monday, further strengthening the newly established constitutional forum. Chief Justice Aminuddin Khan administered the oath to Justice Rozi Khan Barrech and Justice Arshad Hussain Shah, who committed to performing their duties in full accordance with the Constitution.

In their oath, both judges pledged to act honestly and faithfully, upholding the law and the constitutional framework of Pakistan.

The two new appointments come after Justices Syed Hasan Azhar Rizvi, Aamer Farooq, Ali Baqar Najafi, and KK Agha were sworn in over the previous weekend. Justice Shah’s inclusion followed reports that Supreme Court Justice Musarrat Hilali had declined an invitation to join the FCC.

President Asif Ali Zardari appointed Justice Aminuddin as the FCC’s chief justice last week, following his approval of the 27th Constitutional Amendment. While the court’s current composition was determined through a presidential directive, any increase in the number of judges in the future will require parliamentary legislation.

Officials said the FCC was created to reduce the caseload of the Supreme Court, expedite the resolution of constitutional disputes, and enhance judicial independence. The court officially began functioning last Friday under temporary arrangements, as its permanent headquarters are still under preparation.

The swearing-in ceremony was overshadowed by a boycott from five senior Islamabad High Court judges, who questioned the criteria used for FCC appointments. Critics highlighted that most appointees, except Chief Justice Aminuddin, were junior to members of the former Supreme Court Constitutional Bench, raising concerns over the principle of seniority.

Meanwhile, a petition challenging the FCC’s formation has been filed in the Sindh High Court by Barrister Ali Tahir. The plea names the federal government and all current FCC judges, including Chief Justice Aminuddin, as respondents.

The petition contends that the 27th Amendment undermines the constitutional authority of the superior judiciary, compromises judicial independence, breaches the separation of powers, and limits citizens’ access to justice. It describes the court as being established to suit executive interests.

The petitioner has requested the Sindh High Court to nullify the amendment entirely and issue a writ of quo warranto against all respondents. The plea further calls for a bench that was not appointed under the 27th Amendment to hear the challenge, ensuring impartial consideration of the court’s legality.