KARACHI: The Sindh High Court on Friday reserved its order on the maintainability of a petition impugning the 27th Constitutional Amendment as well as the formation of the Federal Constitutional Court (FCC).

Citing the chief justice and all other judges of the FCC among the respondents, the petitioner also challenged their appointments and sought an interim restraining order for the FCC, federal and provincial governments and all public authorities from exercising their authority under any provision of the impugned amendment.

Barrister Ali Tahir had petitioned the SHC and submitted that the most fundamental change brought through the 27th Amendment was the establishment of the FCC with sweeping powers to exercise many of the functions previously coming within the jurisdiction of the Supreme Court.

A two-judge constitutional bench (CB) of the SHC comprising Justice Adnan Iqbal Chaudhry and Justice Muhammad Jaffer Raza took up the matter for hearing and questioned the maintainability of the petition as the petitioner also sought to issue notices to the chief justice and all other judges of the FCC.

Petitioner also challenges appointments of constitutional court’s judges

The petitioner advanced his arguments on the subject issue and raised questions regarding the constitutional basis for the appointment and functioning of the FCC’s judges.

He argued that all judges of the FCC were made a party and their removal sought by way of writ as a petition was filed against the impugned amendment with particular reference to the structure and composition of the FCC.

He also submitted that the impugned amendment has violated the doctrine of separation of powers and undermined the principle of judicial independence, which was an essential feature of the Constitution and cannot be amended even unanimously.

After hearing the petitioner at some length, the bench reserved its order on the maintainability of the petition and is likely to announce it on Monday.

Citing the Ministry of Law & Justice, Chief Justice of the FCC Aminuddin Khan and six other judges of the FCC as respondents, petitioner had argued that the FCC will have exclusive jurisdiction to decide disputes between federal and provincial government and to adjudicate matters of public interest involving the enforcement of fundamental rights as well as to call any case from Supreme Court and high courts which involve a substantial question of law related to the interpretation of the Constitution.

He also maintained that the creation of constitutional benches exclusively at the SHC and the exclusion of its regular benches from hearing constitutional matters was a calculated attempt to sideline independent judicial scrutiny.

He further maintained that these benches were not constituted through transparent judicial processes but, instead, appeared to be executive-selected panels that have demonstrably failed to inspire public confidence.

The petitioner asked the SHC to set aside the impugned amendment as well as the formation and appointment of the judges of the FCC for being unconstitutional.

Published in Dawn, November 29th, 2025