The Federal Constitutional Court has ruled that the registrar does not have the authority to declare constitutional petitions inadmissible and return them.
Justice Hassan Azhar Rizvi issued the six-page written decision on objections raised to Razia Aslam’s constitutional petition.
The court said only a court could determine whether a petition was admissible.
It said the registrar’s work was administrative in nature and the registrar’s office could only raise administrative objections.
The decision said the registrar’s office could return a petition only if it was filed in violation of rules.
The court said the registrar’s office could not exercise judicial powers in any case and could not declare a constitutional petition frivolous.
The judgment said there was no constitutional provision allowing judicial powers to be delegated to an administrative officer.
It said granting judicial powers to an administrative officer was against the constitutional division of powers.
The registrar’s office had returned Razia Aslam’s constitutional petition on Feb. 14, citing inadmissibility.
The petitioner later filed a chamber appeal against the registrar’s office objections.
