Federal Constitutional Court’s first ruling suspends PHC decision after KP govt challenges order

ISLAMABAD: Pakistan’s newly formed Federal Constitutional Court on Monday issued its first ruling, suspending a Peshawar High Court (PHC) judgment and granting a stay order on an appeal filed by the Khyber Pakhtunkhwa government.

A two-member bench led by Justice Hasan Rizvi took up the appeal filed by the provincial government, which sought suspension of the PHC’s decision relating to employer-employee disputes.

During the hearing, the Additional Advocate General argued that under existing rules, when a private institution challenges a departmental decision favouring a worker, it must first deposit the payable amount as security before filing an appeal. He said the PHC had struck down this requirement, making it easier for institutions to avoid securing workers’ dues.

He asked the Federal Constitutional Court to suspend the PHC judgment and restore the condition requiring the deposit of the security amount. The bench issued notices to all respondents and granted a stay order against the PHC ruling until further proceedings.

The hearing marked the operational start of the court established under the 27th Constitutional Amendment. Proceedings are currently being conducted in Courtroom No. 2 of the Islamabad High Court (IHC) building, where Chief Justice Aminuddin Khan has formed three benches to begin work.

Bench No. 1 consists of Chief Justice Aminuddin Khan, Justice Ali Baqar Najafi and Justice Arshad Hussain Shah. Bench No. 2 comprises Justice Hasan Rizvi and Justice K. K. Agha, while Bench No. 3 includes Justice Aamer Farooq and Justice Rozi Khan.

With the Federal Constitutional Court moving into the IHC premises, courtroom reallocations are underway. IHC Chief Justice Sarfraz Dogar continues to sit in Courtroom No. 1, while Chief Justice Aminuddin now occupies Courtroom No. 2. Justice Mohsin Akhtar Kayani’s courtroom has been shifted to that of Justice Mian Gul Aurangzeb, and Constitutional Court judges Justice Aamer Farooq and Justice Hasan Azhar Rizvi have been assigned chambers on the third floor.