ISLAMABAD: The Federal Constitutional Court has accepted the appeal of Muhammad Yamin, declaring invalid the Sindh government’s notification removing anti-terrorism court (ATC) judges from their posts and setting aside a Sindh High Court ruling that had upheld the government’s decision.
The court also annulled the Sindh High Court’s December 22, 2025, judgment. Justice Muhammad Karim Khan Agha issued the written verdict in the case.
According to the written judgment, the new upper age limit of 65 years does not apply to judges appointed for a fixed term before amendments were made to the Anti-Terrorism Act. The court held that a right lawfully acquired in the past cannot be taken away without clear legislative provisions.
The Federal Constitutional Court ruled that judges appointed before the amendment would remain in office until the completion of their respective terms. It further held that the Sindh Anti-Terrorism Amendment Act 2025 could not be applied retrospectively.
Under the verdict, petitioner Muhammad Yamin will complete his two-and-a-half-year tenure as a judge of Anti-Terrorism Court-IV in Karachi.
Yamin was appointed as a judge of ATC-IV Karachi on September 19, 2024, for a period of two-and-a-half years under the Anti-Terrorism Act 1997. He was approximately 70 years old at the time of his appointment. However, the relevant law then did not prescribe an upper age limit for the appointment of an ATC judge.
Subsequently, the Sindh Anti-Terrorism Amendment Act 2025 introduced a maximum age limit of 65 years for the appointment and continuation of judges in office. Following the amendment, the Sindh government issued a notification removing three judges, including Muhammad Yamin, from their positions with immediate effect.
The Sindh High Court had upheld the provincial government’s action. However, the Federal Constitutional Court accepted Yamin’s appeal and declared both the high court’s judgment and the notification removing the judges invalid.
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