FCC affirms all other courts, including SC, are ‘constitutionally mandated’ to adhere to its judgements

The Federal Constitutional Court (FCC) has affirmed that all other courts in the country, including the Supreme Court, are required to “adhere” to its judgements.

The observation was made by a two-member FCC bench, comprising Justices Aamer Farooq and Rozi Khan Barrech, in a case where the petitioner claimed a piece of land that was resumed from his father’s holding in the 1970s.

The order read: “Article 189 of the Constitution of the Islamic Republic of Pakistan stipulates that any decision rendered by the Supreme Court, which resolves a question of law or enunciates a principle of law, is binding upon all other courts within Pakistan, with the exception of the Federal Constitutional Court of Pakistan.

“This exception arises from the 27th Amendment to the Constitution, which establishes that decisions issued by the Federal Constitutional Court are binding on all courts in Pakistan, including the Supreme Court itself. Consequently, all courts in Pakistan are constitutionally mandated to adhere to the judgments of the Federal Constitutional Court.”

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