ISLAMABAD — In a significant step for Pakistan’s newly established Federal Constitutional Court (FCC), two more judges, Justice Rozi Khan Barrech and Justice Arshad Hussain Shah, were sworn in on Monday, pledging to uphold the Constitution and perform their duties with integrity.
The oath was administered by FCC Chief Justice Aminuddin Khan during a formal ceremony in Islamabad. Both judges affirmed their commitment, stating, “I will bear true faith and allegiance to Pakistan and, as a judge of the FCC, will discharge my duties honestly and faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law.”
Earlier over the weekend, four other judges — Justices Syed Hasan Azhar Rizvi, Aamer Farooq, Ali Baqar Najafi, and KK Agha — had taken their oaths, officially marking the FCC’s operational commencement. President Asif Ali Zardari had last week appointed Justice Aminuddin as FCC Chief Justice after approving the 27th Constitutional Amendment.
The FCC, established through a presidential order, aims to alleviate the Supreme Court’s workload, expedite constitutional case hearings, and strengthen judicial independence. However, any future increase in the number of judges will require parliamentary approval.
The oath-taking ceremony was not without controversy. Five senior judges of the Islamabad High Court staged a boycott, raising concerns over the principles guiding appointments. Critics argue that seniority was largely overlooked, with only Justice Aminuddin ranking higher than members of the former Supreme Court Constitutional Bench.
Meanwhile, a petition has been filed in the Sindh High Court by Barrister Ali Tahir, challenging the FCC’s formation as unconstitutional. The plea names the federal government and all FCC judges, including Chief Justice Aminuddin, as respondents. It claims that the 27th Amendment undermines judicial independence, disrupts the doctrine of separation of powers, and risks citizens’ right to access justice. The petitioner has requested that the amendment be struck down and seeks a writ of quo warranto against the FCC judges, while urging the court to refer the case to a full bench not influenced by the amendment.
The case highlights ongoing tensions between the executive and judiciary over the structure and authority of Pakistan’s top constitutional forum, with implications for the country’s legal landscape in the months ahead.
