FCC Says All Courts, Including Supreme Court, Bound to Follow Its Judgements

The Federal Constitutional Court (FCC) has ruled that all courts in Pakistan, including the Supreme Court, are constitutionally required to adhere to its judgements, citing provisions introduced through the 27th Constitutional Amendment.

The observation was made in a written order by a two-member FCC bench comprising Justices Aamer Farooq and Rozi Khan Barrech while rejecting a petition related to a land dispute originating from the 1970s.

In its order, the bench referred to Article 189 of the Constitution, which provides that decisions of the Supreme Court are binding on all other courts. However, the court noted that the 27th Amendment created an exception by establishing the FCC, whose decisions are binding on all courts in the country, including the Supreme Court.

“As a result, all courts in Pakistan are constitutionally mandated to adhere to the judgments of the Federal Constitutional Court,” the order stated.

The bench also cited Article 190 of the Constitution, observing that it places an obligation on all executive authorities to act in accordance with the judgements of the FCC. The provision, the court said, reinforces the supremacy of constitutional interpretations rendered by the FCC and ensures their uniform application across the judiciary and executive bodies.

The case before the court concerned land previously owned by Karam Ali, whose total holding was determined in the 1970s to exceed the permissible limit under land reforms. According to the order, land equivalent to 4,819 Produce Index Units (PIU) was resumed from his holding in village Karak Muhammada after it was found to be surplus.

The FCC noted that Karam Ali had challenged the resumption through multiple appeals, which were ultimately rejected by the Supreme Court in 1986, thereby attaining finality.

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Despite this, the petitioner’s son, Riaz Hussain, later filed a revision petition before the Federal Land Commission in 2010 without disclosing the earlier litigation. The FCC observed that the commission’s chairperson accepted the revision petition in violation of Article 189 of the Constitution.

The bench held that once a matter has been conclusively decided by the Supreme Court, it cannot be reopened by a lower forum. It added that the acceptance of the revision petition undermined the principle of finality and contravened the doctrine of res judicata, which bars re-litigation of settled matters.

The FCC concluded that the actions of the Federal Land Commission were inconsistent with constitutional requirements and reaffirmed the binding nature of FCC judgements on all courts and authorities in Pakistan.

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