The Federal Constitutional Court (FCC) has ruled that Pakistan’s high courts are independent constitutional institutions and are neither subordinate to the FCC nor the Supreme Court. The judgement, authored by Justice Aamer Farooq, came in a case seeking directions for the Islamabad High Court to decide a pending matter on an urgent basis.
The court noted that requests are frequently filed before superior courts seeking orders for high courts to expedite proceedings. However, it emphasized that Pakistan’s five high courts function as autonomous constitutional courts with their own judicial authority and administrative structures, making them independent within the constitutional framework.
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The judgement further clarified that district courts and other courts established under Article 203 fall under the jurisdiction of the relevant high court. While decisions of high courts can be challenged before the Supreme Court or the FCC, the right of appeal does not make high courts subordinate to either institution.
Moreover, the FCC stressed that any directions issued to high courts must be framed carefully and respectfully. It observed that each high court maintains independent policies for case listings, judicial rosters and case management, and interference in these systems could undermine judicial and administrative independence.
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The court warned that orders overriding a high court’s internal procedures or case-fixation mechanisms could affect its constitutional autonomy. Therefore, superior courts must exercise restraint when issuing instructions that may influence how high courts manage their affairs and judicial functions.
At the same time, the judgement acknowledged that certain urgent cases may require expedited hearings after being remitted to a high court. In such situations, the court said appropriate language should be used so that the need for urgency is addressed without compromising the independence and authority of the relevant high court.