Islamabad (Turkey News Desk)Supreme Court of Pakistan has issued an important and detailed judgment regarding the jurisdiction of the Supreme Court and the Federal Constitutional Court after the 27th Constitutional Amendment.
A two-member bench headed by Chief Justice Yahya Afridi ruled that the Supreme Court and the Federal Constitutional Court are not subordinate to each other, but are equal and independent constitutional institutions. However, legal principles laid down by the Federal Constitutional Court will be binding on other courts.
The judgment stated that Article 189 does not make any court subordinate to another. Hearing constitutional and non-constitutional cases together may create complications; therefore, they will be heard on separate forums.
The court clarified that constitutional matters will go to the Federal Constitutional Court, while regular civil and criminal appeals will remain under the jurisdiction of the Supreme Court.
It further stated that appeals of constitutional petitions filed under Article 199 will be heard by the Federal Constitutional Court. Both courts will function within their jurisdiction based on mutual respect in order to avoid conflicting judgments.
