High courts are not subordinate to Supreme Court, Federal Constitutional Court, rules FCC 

In an important decision, related to the constitutional and administrative powers of high courts, the Federal Constitutional Court (FCC) on Thursday said that high courts were neither subordinate to the Supreme Court (SC) nor to the FCC, and that all decisions given by high courts could be challenged in superior courts, reported 24NewsHD TV channel.

In a three-page verdict in the case of Gujranwala Electric Power Company versus Masters Tiles, authored by Justice Aamer Farooq, it was said that often petitions were filed in superior courts, seeking instructions for high courts to decide cases at the earliest.

“Presently, there are five independent high courts in the country,” the judge said, adding that each high court was an autonomous constitutional court.

The judge went on to say that district and other courts, which had been set up under Article 203 of the constitution, were subordinate to high courts.

The judge made an observation that the fact that all decisions given by high courts could be challenged in superior courts did not imply that the former were subordinate to the latter.

It was stated in the verdict that the language used while giving instructions to high courts should be appropriate. “High courts have roasters of cases and case management systems. Any such order or an instruction, which overrules case fixation is an interference in the administrative independence of these courts,” read the verdict.

The FCC said that an appeal in the case under review was accepted and it was declared that a writ petition filed in the Islamabad High Court (IHC) would be deemed to be pending.

“It is hoped that in view of the nature of the case, the court will fix it for the hearing as early as possible,” the judge concluded.

Reporter: Amanat Gishkori