Shariat court judges irked by ‘sudden displacement’

Published November 11, 2025
The Federal Shariat Court, located opposite the Supreme Court building, will house the new FCC.—Tanveer Shahzad/White Star
The Federal Shariat Court, located opposite the Supreme Court building, will house the new FCC.—Tanveer Shahzad/White Star

ISLAMABAD: Judges of the Federal Shariat Court (FSC), including Chief Justice Iqbal Hameedur Rehman, have expressed serious reservations over their sudden relocation to the Islamabad High Court (IHC) premises from the FSC building, where the government has finalised arrangements to establish the Federal Constitutional Court (FCC).

Official sources said the Capital Development Authority (CDA) has expedited renovation work on the third floor of the IHC building to accommodate the FSC. The IHC administration has been informed by a CDA contractor that three courtrooms will be ready within the next few days, while the construction of a fourth courtroom may take slightly longer.

At present, only three judges are serving in the FSC against the sanctioned strength of eight. Sources said the judges are “not comfortable” with the ongoing shifting process and have conveyed their concerns at the highest level.

Interior Minister Mohsin Naqvi, accompanied by the Islamabad deputy commissioner, had visited the FSC building last week and it was recommended the location was most suitable for the newly proposed court.

Renovation, vacation of IHC building section underway amid concerns over space, staff size

‘Insufficient space’

All three FSC judges, including Chief Justice Rehman, called on Chief Justice of Pakistan Yahya Afridi to communicate their concerns over the relocation plan.

One of their key reservations, sources said, relates to the shifting of more than 350 FSC staff members to the IHC building where a section on third floor has been allocated for the FSC. The judges believe the space is insufficient to house all employees and maintain the court’s operations effectively.

Due to these objections, the FSC building has not been “formally handed over to the CDA for renovation” despite the approval of the 27th Amendment by the upper house of parliament that paved the way for constitutional court’s creation.

FSC overstaffed?

On the other hand, law ministry officials claim the FSC is overstaffed, with 350 officials working on only 56 petitions. The FSC administration strongly disputes this claim. In addition to the 56 petitions, it asserts, nearly 500 criminal appeals are pending before the court’s principal seat and its four regional registries.

The law ministry officials argue the IHC with a similar strength of about 370 employees is handling over 17,000 pending cases. They suggest many FSC officials could be “reassigned to the upcoming constitutional court once it is operational”, given their relevant experience and familiarity with constitutional and Islamic jurisprudence.

IHC staff being relocated

Meanwhile, the process to vacate the third floor of the IHC building, which is being renovated, is also underway.

Assistant Registrar Muhammad Asad has been formally appointed to supervise the relocation process. He will assume charge of the record room’s administrative affairs in the old IHC building, according to an office order issued by the IHC additional registrar.

He will also oversee the reorganisation and transfer of court records to ensure smooth continuity of judicial operations during the shift.

Sources within the judiciary said the current reshuffling, including FSC’s relocation, was being undertaken as part of the broader restructuring efforts within superior judiciary. However, the judges’ unease underscores the logistical and administrative challenges of implementing the large-scale reforms within existing judicial infrastructure.

Published in Dawn, November 11th, 2025

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