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Federal Constitutional Court rules it is not bound by Supreme Court judgments

The same court has fixed 48 miscellaneous petitions for Thursday, including challenges to the arrest of PTI workers under 3MPO.

Skardu Times desk
Federal Constitutional Court rules it is not bound by Supreme Court judgments
Photo: Express News

The Federal Constitutional Court has ruled that it is not bound by Supreme Court judgments, holding that they count only as an argument before it and that it may take guidance from them, UrduPoint reported on Monday.

The outlet published the finding in a headline report. No second account of the ruling was available to this newspaper, and UrduPoint did not carry the text of the judgment or name the bench that issued it. Its report did not identify the case in which the ruling was passed or the parties to it.

Read as reported, the finding means the constitutional court can decide constitutional questions without being tied to precedent set by the Supreme Court. On UrduPoint's account, the Supreme Court's conclusions are not binding on the constitutional court and are treated as material a party may rely on.

A separate set of cases at the same court concerns arrests made under 3MPO, shorthand for Section 3 of the Maintenance of Public Order. Express News reported that petitions against the arrest of Pakistan Tehreek-e-Insaf workers under 3MPO have been filed in the Federal Constitutional Court, which has fixed them for hearing.

A two-member bench headed by the court's Chief Justice Aminuddin will hear the petitions on Thursday, Express News reported. Justice Ali Baqir Najafi is the second member of the bench.

The Peshawar High Court had earlier barred the arrests of the parties to the case through an interim order. The advocate general then approached the Federal Constitutional Court against that interim order, according to Express News.

The Express News report did not give the number of workers arrested, the districts where the arrests were made, or the case numbers behind the 48 miscellaneous petitions the court has fixed.

The court will take up those 48 miscellaneous petitions at Thursday's hearing, the outlet reported.

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