Federal Constitutional Court to use apex court rules until it frames its own
• Space constraints at Constitution Avenue premises prompt flurry of meetings
• IHCBA chief claims high court won’t be dislodged from current location, for now
ISLAMABAD: The Federal Constitutional Court (FCC), in a full court meeting, unanimously resolved to adopt the Supreme Court Rules 2025, mutatis mutandis, for its practice and procedure until it frames its own rules.
The decisions taken at the full court meeting, which was held on Nov 17 and approved by the FCC chief justice, have also been notified for implementation.
In pursuance of the decisions taken, it has been decided that every case, appeal, petition, or matter would be heard and disposed of by a bench consisting of no fewer than two judges, to be nominated by the FCC CJ.
Likewise, appeals arising out of judgements passed by a division bench will be heard by a bench comprising no fewer than three FCC judges, to be nominated by its chief justice.
The decisions also indicated that members of the bar enrolled as senior advocates of the Supreme Court, advocates of the SC, and advocates-on-record were entitled to appear before the FCC as senior advocates, advocates, and advocates-on-record, respectively, on a provisional basis until further orders.
The notification will take effect immediately and remain operative until modified or superseded. It has also been dispatched to the attorney general of Pakistan (AGP), the registrar of the SC and other courts, the law ministry, etc.
‘No relocation for now’
Meanwhile, a top office-bearer of the Islamabad High Court Bar Association (IHCBA) said on Wednesday that the Islamabad High Court (IHC) would not be relocated from its prestigious Constitution Avenue site for now — temporarily ending a period of uncertainty that has gripped the capital’s legal community.
Syed Wajid Ali Gillani, president of the association, made the announcement after meeting Law Minister Azam Nazeer Tarar.
“The law minister assured us that the IHC would stay at the Constitution Avenue at least for the time being,” Gillani told Dawn, a statement he said was echoed by IHC Chief Justice Sardar Mohammad Sarfraz Dogar.
The announcement comes amid a backdrop of significant upheaval, as the newly established FCC begins operations within the IHC building, a move that has triggered internal reshuffling and rumours of dissent among the high court’s judges.
The issue kicked off when the government decided to establish FCC at the Federal Shariat Court (FSC) building. The FSC judges were asked to move into courtrooms on the third floor of the IHC.
When the FSC judges resisted their shifting, the FCC was temporarily set up in the premises of the IHC.
However, sources said that the judges of the FCC wanted permanent premises and for this purpose, the IHC building was also among the options under consideration.
FCC CJ meets law minister, AGP
The situation reached a critical point on Tuesday night, leading to a series of high-level meetings.
FCC Chief Justice Aminuddin Khan met the law minister and Attorney General of Pakistan (AGP) Mansoor Usman Awan in his chamber on Wednesday to discuss the issue.
This was preceded by a late-night meeting between the FCC CJ and IHC CJ Dogar to sort out the functioning of both courts sharing the same premises.
The tension was visibly on display during the recent oath-taking ceremonies for FCC judges.
While Justice K. K. Agha took his oath on Saturday in a “congested conference room”, his ceremony, and one held the day prior, were notably boycotted by a group of IHC judges.
Justices Mohsin Akhtar Kayani, Babar Sattar, Tariq Mahmood Jahangiri, Sardar Ejaz Ishaq Khan, and Saman Rafat Imtiaz were absent from both events, a move that has drawn intense speculation within the legal circles.
Their collective absence fuelled widespread rumors throughout Saturday that several IHC judges were preparing to resign.
Although the staff of Justice Sardar Ejaz Ishaq Khan denied rumors of his resignation after they circulated on social media, insiders suggest that the speculation may not be entirely unfounded.
Some sources indicate that a couple of resignations from the IHC are expected by the end of next month.
To accommodate the new apex court, the IHC administration has allocated seven courtrooms to the FCC.
This has necessitated a major reshuffle, including vacating the offices of the AGP and the advocate general of Islamabad.
Published in Dawn, November 20th, 2025
