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FCC to Set Bench-Size Rule as It Hears PTI Appeal on Practice and Procedure

The move seeks to resolve questions over the new court’s reach after the 27th Amendment.

Overview

  • A five-member FCC bench led by Justice Aamer Farooq issued notice to the federal government on PTI Chairman Barrister Gohar Ali Khan’s appeal against the Practice and Procedure (Amendment) Ordinance.
  • Advocate Sameer Khosa argued that because the FCC has adopted Supreme Court Rules, a five-judge panel cannot hear an appeal touching a prior seven-judge Supreme Court decision.
  • Justice Aamer Farooq noted the technical expectation of a larger bench to overturn a larger Supreme Court ruling, as the court invited arguments to frame a governing principle.
  • The additional attorney general contended the FCC, as a separate court, can determine its own bench size and that its decisions apply to the Supreme Court under Article 189.
  • A separate proceeding featured objections to the FCC hearing appeals initiated under the Supreme Court’s Practice and Procedure Act, with the bench allowing a related application and logistical issues surfacing over access to law reports.