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FCC guardian of constitutionalism, symbol of justice: CJ

November 22, 2025
Justice Aminuddin Khan taking oath as Chief Justice of the Federal Constitutional Court at Aiwan-e-Sadr, on November 15, 2025. — APP
Justice Aminuddin Khan taking oath as Chief Justice of the Federal Constitutional Court at Aiwan-e-Sadr, on November 15, 2025. — APP

ISLAMABAD: Federal Constitutional Court (FCC) Chief Justice Aminuddin Khan said Friday the constitutional court would stand as a guardian of constitutionalism and an enduring symbol of justice for generations to come.

In his message uploaded on the official website of the newly formed FCC, inaugurated on Friday, Justice Khan said that the court has been entrusted with a mandate of great significance: to interpret the Constitution with clarity, independence and fidelity; to safeguard the fundamental rights guaranteed to the people; and to ensure that the constitutional order remains a source of stability, justice and balance for all institutions of the State.

“The work of this court is not only judicial—it is also a solemn trust that carries profound implications for the lives, liberties and aspirations of Pakistan’s citizens,” he said.

He further said that the creation of the FCC represents an important moment in the nation’s ongoing constitutional journey, one that reinforces our collective commitment to the rule of law and to the enduring promise of the Constitution of the Islamic Republic of Pakistan.

“As we begin our institutional life, our focus remains firmly on building a judicial forum that embodies integrity, impartiality and intellectual rigour,” the FCC CJ said.

He added that each matter brought before the FCC will be approached with an unwavering commitment to fairness and restraint, guided solely by the Constitution and the principles of justice that lie at its heart.

“We aspire to nurture a tradition of reasoned adjudication, institutional dignity and public confidence—qualities that are indispensable to any constitutional court.” Justice Khan claimed that this website is an important step toward transparency and accessibility, adding that it is designed to provide the public, Bar and all relevant institutions with accurate and timely information regarding the court’s jurisdiction, procedures and decisions. “In an age where the effective delivery of justice is inseparable from the free flow of information, we hope that this platform will serve as a meaningful bridge between the court and the people it exists to serve,” the FCC CJ said.

It is pertinent to mention here that the FCC website includes all names of its judges with their respective profiles. Moreover, information pertaining to Cause Lists of cases, judge’s rosters as well as judgements will be available.

Separately, the FCC Registrar Office also started its work with the commencement of receiving constitutional petitions.

In this respect, the Registrar received the first petition, filed with the court. FCC Justice Ali Baqar Najafi was also present on the occasion.

Petitioner Ghulam Shah Abbasi filed the petition under Article 185(3) of the Constitution for granting leave to appeal against the order passed by the single bench of the Sindh High Court on September 8, 2025 in a matter involving prevention of harassment and seeking legal protection from the high court.

The petitioner has made the province of Sindh through home secretary and others.

Meanwhile, the FCC Registrar formally inaugurated a dedicated FCCP Filing & Information Desk on Friday within the premises of the Islamabad High Court.

At the inauguration, the desk received two newly-filed cases, marking the commencement of its operational functions.

In addition, the FCC has also issued an official notification regarding the court’s working hours, ensuring clarity and accessibility for all stakeholders, says a press release.

Meanwhile, the FCC sought a report regarding illegal encroachments and land grabs on Railways properties across the country.

A two-member FCC bench comprising Justice Syed Hassan Azhar Rizvi and Justice Muhammad Karim Khan Agha heard the case.

During the hearing, Justice Hassan Rizvi remarked that no one has tied the hands of the Railways authorities in reclaiming railway land.

“Who has stopped them from removing encroachments and illegal occupations on their property and why the Railways officials not taking action,” he questioned. “Encroachments and land grabs were taking place while railway officials sat idle with their eyes closed,” Justice Rizvi remarked.

During the hearing, Shah Khawar, counsel for Pakistan Railways appeared before the court. The court asked him as to what steps the Railways had taken to recover their owned land and what action the department had taken against railway employees responsible for the encroachments and land grabs.

Justice Rizvi asked if there was anyone preventing the removal of illegal occupations and encroachments on railway-owned land. He noted that this land is a national trust, adding that at the time of Pakistan’s creation, how many trains were running but today, the number of trains and tracks has been reduced by half. The judge continued that Railways once had excellent clubs and hospitals, which have now disappeared, and the lands have turned into slums, industries and settlements. Was Railways land given to be illegally occupied, he questioned. The judge asked the lawyer whether there was any plan to utilise Railways land and further questioned as to if the Railways were to recover all their land, what would, they do with it.

The counsel replied that the Punjab government had allotted 1,359 kanals of Railways land in Rawalpindi to a slum area, which even included a railway station, but the provincial government has now acknowledged its mistake and has transferred 1,288 kanals back to the Railways. Justice Rizvi remarked that when Railways officers sit in air-conditioned rooms, their lands will naturally be taken over. He questioned how the provincial government could allocate federal land to a slum.

Meanwhile, the court sought a report on the matter and adjourned the hearing.

Separately, a three-member FCC bench headed by Chief Justice Aminuddin Khan heard the case regarding the lease of Railways land in Quetta.

Barrister Gohar Ali, counsel for the petitioner, submitted that the Supreme Court had previously taken suo motu notice on leased properties. He informed the court that there were a total of 117 Railways properties in Quetta, of which his clients held only four on lease.

He submitted that among the 117 properties, construction had been completed on all except these four. The lease agreement was made on 8 October 2009 and the full payment had been made, but just a few months later, on 8 December, 2009, the lease was challenged.

Gohar Ali further submitted that the five-year period allowed for utilising the land was insufficient for construction, therefore the lease duration should be extended. The court directed the additional attorney general to meet the petitioners and propose either payment of the amount with markup or some suitable alternative solution.

The court also issued a notice to the Balochistan Bar Council to present its position. Similarly, the court instructed all parties to come forward with a workable solution and adjourned the hearing for three weeks.

Meanwhile, the same bench also heard a petition of National Commission for Human Rights (NCHR) seeking enforcement of “health and safety laws for sanitation workers nationwide and a ban on manual cleaning of sewers instead of using machines.

The court issued notices to the respondents. During the hearing, the NCHR counsel argued that workers engaged in sanitation perform extremely dangerous and often deadly tasks without proper protective equipment, training, or occupational safety protocols.

The counsel submitted that continued practice of manual cleaning of sewers instead of using machines amounts to a violation of fundamental constitutional rights, including the right to life, dignity, equality and safe working conditions.

He further submitted that Pakistan has no national health policy or safety framework for sanitation work, adding that the in the absence of regulatory enforcement and emergency response mechanisms, workers face toxic gases, fatal injuries and deaths on a daily basis.

He informed the court that a day earlier, a sanitation worker in Sindh had died while cleaning a sewer manually without machines.

After a preliminary hearing, the court issued notices to the respondents and adjourned further proceedings.