FCC, IHC suspend judicial work

ISLAMABAD: Judicial proceedings at two key courts in the federal capital remained suspended on Tuesday after security-related restrictions disrupted access to court premises, while the Supreme Court said it continued functioning and conducted hearings through digital means.

According to a notification, the Federal Constitutional Court suspended proceedings because the closure of Islamabad’s Red Zone was expected to create serious difficulties for lawyers, litigants and court staff in reaching the court. The Islamabad High Court also kept judicial work suspended. Both courts had already halted proceedings on Monday as well.

Although the FCC and IHC had initially indicated that judicial work would resume on Tuesday, they later withdrew that decision and announced that courts would remain closed for judicial work.

"In exercise of powers conferred under Rule 5 of Order II of the Supreme Court Rules 2025, the Hon'ble Chief Justice has directed that all scheduled hearings for the day be suspended. Consequently, the cause list of the Court shall stand cancelled," the notification stated.

Despite the suspension of hearings, court officers and staff were directed to continue working remotely and were advised not to leave their stations. The notification also said all four branch registries would remain open to maintain judicial and administrative operations. "This measure reflects the Court's commitment to maintaining operational continuity while prioritizing safety and accessibility concerns arising from the prevailing situation," it said.

Supreme Court says hearings continued

In contrast, the Supreme Court said it had continued proceedings at its principal seat in Islamabad. "In a remarkable demonstration of institutional resilience and technological advancement, the Supreme Court successfully conducted court proceedings today from the Principal Seat at Islamabad, while Justice Ayesha Malik joined the bench from the Lahore Registry through a secure video link," the court said in an official statement.

The statement said the arrangement became necessary because of an emergent situation affecting the composition of the bench at the Lahore Registry. Under ordinary circumstances, such a development would have resulted in the delisting of scheduled cases and inconvenience for litigants and counsel.

The Supreme Court said that because of its continued investment in digitisation and modern technology, hearings proceeded without interruption. The proceedings were substantive and not merely procedural, adding that the bench heard and disposed of 20 out of 28 fixed cases.

"These proceedings underscore the judiciary's unwavering commitment to ensuring uninterrupted access to justice, even in unforeseen circumstances. They also reflect the growing efficacy of ongoing reforms aimed at leveraging technology to enhance judicial efficiency, transparency, and responsiveness. The Supreme Court of Pakistan remains committed to further strengthening such digital capabilities to better serve the ends of justice and to reinforce public confidence in the judicial process, " the statement further said.

The statement said Chief Justice Yahya Afridi appreciated the role of the bar and the prompt coordination and professionalism of court staff and IT teams, whose efforts enabled the real-time shift to this mode of hearing. It described the development as a significant step in the evolution of Pakistan’s judicial system towards a more adaptive and technology-driven framework.

Lawyers question closure of courts

The suspension of judicial work drew criticism from some members of the legal fraternity. Lawyer Hafiz Ahsaan Ahmad Khokhar said that while security concerns were important, they could not be treated as a valid or sole basis for closing the country’s highest constitutional courts, including the FCC and IHC, or for interrupting judicial work.

He said access to justice was a fundamental right protected under Articles 4 and 10A of the Constitution, and any restriction affecting litigants or lawyers must be strictly justified, proportionate and unavoidable. He said recurring security concerns could not override constitutional guarantees and that law enforcement agencies bore the primary responsibility for ensuring effective and facilitative security arrangements so courts remained accessible.

Khokhar said the emphasis should be on ensuring safe and uninterrupted access rather than restricting entry or suspending proceedings, adding that continuity in judicial functioning was a constitutional imperative. Referring to the importance of Constitution Avenue, he said major constitutional forums were located there, making it necessary for the state to develop a structured and permanent security protocol.

He also said that where appearances were affected by genuine and unavoidable security impediments, courts could grant adjournments in the interest of justice. However, he said dismissal of cases solely because of non-appearance in such circumstances would be inconsistent with fair trial and due process principles and could prejudice litigants.

Khokhar proposed that court registrars convene a joint consultative forum with the district administration, police and relevant security agencies to devise a coordinated and lasting solution. He also urged longer court working hours until 4pm, restoration of regular Friday hearings, and hearing urgent matters on Saturdays where necessary. Filing timings should also be extended, he said, adding that austerity measures should not obstruct the dispensation of justice.