Implementing govt policies is not job of courts: Federal Constitutional Court

ISLAMABAD: The Federal Constitutional Court said the government policies need to be implemented by the respective government agencies rather than the courts.

A three-judge bench, headed by Chief Justice of FCC Amin Uddin Khan, on Wednesday heard the petitions to declare Rule 2 (c) and Schedule-IV of the Khyber Pakhtunkhwa Power Crushers (Installation, Operation and Regulation) Rules, 2020 as ultra vires the Constitution.

After hearing the arguments of both sides, the bench disposed of the stone crushing case, saying that it would pass a detailed judgment later on.

During the proceedings, Justice Amin questioned, “Is it the job of the courts to implement policies issued by the governments?” The lawyer said that the Court can pass directions. However, Justice Amin told him that the provincial government has to implement the policies made by it.

The petitioner’s lawyer argued that the owners of stone crushing plants have violated Sections 7 and 19 of the Act and the fundamental rights enshrined in Articles 9, 23, 24, and 25 of the Constitution.

While requesting the Court not to pass final judgment in this case, he said that after the 27th Amendment, the court has no suo moto power. He also prayed not to pass an order for resuming work in stone crushing plants, adding that the owners of the stone crushing factories must first satisfy the relevant departments, and if they were able to do so, then they should be allowed to resume work on the sites.

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He informed that according to the Khyber Pakhtunkhwa Rules 2020, no crushing stone plant could be established within a 500-meter circle in urban areas and a 300-meter circle in rural areas. He; however, stated that in some rural areas, the stone crushing plants have been established at a distance of 60 meters from the residential areas.

Meanwhile, a single judge bench, headed by Justice Syed Hasan Azhar Rizvi, heard a petition filed under Article 184(3) of the Constitution, which has been omitted under the 27th Amendment, regarding the winding up of the Utility Store Corporation (USC).

The Court granted time to petitioner Muzammil Rafiq, a former employee of USC, for further preparation.

As the petitioner wanted to say that thousands of people have been rendered jobless due to the closure of the USC, Justice Syed Hasan Azhar Rizvi told him not to make this Court a political battlefield. He inquired from the petitioner as to why he withdrew his Intra-Court Appeal against the verdict of the single bench of the High Court.

Muzammil said that the High Court had advised him to withdraw the application, adding that the services of 12,000 employees of USC services have been terminated by the government.

Justice Hasan inquired from the petitioner how he could directly file an application before the Federal Constitutional Court. He asked whether the petitioner had consulted any lawyer before taking this move. The judge then asked the petitioner to read the 27th Amendment before the next hearing.

Justice Hasan observed that due to corrupt practices, the USC suffered a loss of billions of rupees, adding that instead of consumers, the employees of the USC were the real beneficiaries. He questioned whether it is the job of the government to run Stores.

The case was adjourned for an indefinite period.

Copyright Business Recorder, 2025