ISLAMABAD: The Federal Constitutional Court (FCC) has ruled that high courts in Pakistan operate independently and are not subordinate to either the Supreme Court or FCC.
The ruling came in response to a request urging the Islamabad High Court to expedite hearing on a pending case.
Justice Aamer Farooq noted that requests to accelerate decisions are often made to higher courts, but high courts retain autonomy in managing their cases.
The court emphasized that Pakistan currently has five autonomous High Courts, each functioning independently under constitutional authority. Decisions of High Courts can be challenged in the Supreme Court or Federal Constitutional Court, but filing such appeals does not make a High Court subordinate to these superior courts.
The judgment clarified that lower courts established under Article 203 are subordinate to their respective High Courts. However, any directive to a High Court must be carefully worded, respecting its judicial and administrative freedom, including case management and scheduling policies.
The court warned that any orders overriding these policies or interfering with case fixation would infringe upon the independence of High Courts. While urgent matters may require accelerated hearings, instructions must be issued in a manner that does not undermine High Court autonomy.
In conclusion, the Federal Constitutional Court directed that the writ petition in question be treated as pending in the Islamabad High Court, with priority given to its urgent nature, while reiterating the principle of judicial independence.
