Judiciary, executive bodies: After 27th Amendment interpretations ‘uniformly applied’: FCC
ISLAMABAD: The Federal Constitutional Court (FCC) ruled that after the 27th Amendment constitutional interpretations rendered by it are ‘uniformly applied across all levels of the judiciary and by executive bodies.’
The judgment, authored by Justice Rozi Khan Barrech, stated; “Article 190 of the Constitution underscores the supremacy of constitutional interpretations rendered by the Federal Constitutional Court, ensuring that such interpretations are ‘uniformly applied across all levels of the judiciary and by executive bodies.’”
Justice Barrech wrote that after the promulgation of 27th Constitutional Amendment the “decisions issued by the Federal Constitutional Court are binding on all courts in Pakistan, including the Supreme Court itself. Consequently, all courts in Pakistan are constitutionally mandated to adhere to the judgments of the Federal Constitutional Court.”
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The judgment stated that Article 189 of the Constitution stipulates that any decision rendered by the Supreme Court, which resolves a question of law or enunciates a principle of law, is binding upon all other courts within Pakistan, with the exception of the Federal Constitutional Court of Pakistan, which arises from the 27th Amendment to the Constitution, which establishes that decisions issued by the Federal Constitutional Court are binding on all courts in Pakistan, including the Supreme Court itself.
A two-judge bench of the FCC, comprising Justices Aamer Farooq and Rozi Khan Barrech dismissed a plea wherein the petitioner claimed a piece of land that was resumed from his father’s holding in the 1970s.
The essential facts of the case are; Karam Ali, the predecessor-in-interest of the petitioner, was declared a declarant, and by order dated 12.10.1977, his holding was determined to be 12691.260 PIUs. It was found that land equivalent to 4819 PIUs was in excess, which resumed from his holding in village Karak Muhammada. Against that order, the declarant preferred an appeal before the Land Commissioner, Sargodha, which was declined on 01.03.1981.
Subsequently, Karam Ali filed a revision petition before the Chief Land Commissioner, Punjab, on 03.08.1981. This revision petition was also dismissed by the Member of the Federal Land Commission via order dated 17.11.1981. Feeling aggrieved, Karam Ali filed W.P No. 305/1982 before the Lahore High Court, Lahore, which was dismissed on 05.05.1985. Thereafter, Karam Ali filed Civil Petition No. 352-R of 1985 before the Supreme Court, which was dismissed on 06.12.1986.
However, his son, Riaz Hussain, on 13-12-2010 by completely concealing the earlier round of litigation, filed a de novo revision petition before the Chairman, Federal Land Commission. The said revision petition was accepted by the Chairman, Federal Land Commission, Islamabad on 07.02.2011.
The FCC judgment noted that by accepting the revision petition the Federal Land Commission not only undermined the finality of the Supreme Court’s ruling, but also sets a dangerous precedent that could invite further attempts to circumvent established legal principles.
The judgment said that the principle of res judicata, which is fundamental to the rule of law, dictates that once a matter has been conclusively adjudicated by a competent court, it should not be reopened or relitigated. This principle is essential for maintaining the integrity of judicial decisions and ensuring public confidence in the legal system.
The FCC declared the order of Chairman of the Federal Land Commission, Islamabad, void ab initio, saying it contravenes the constitutional mandates outlined in Articles 189 and 190.
Copyright Business Recorder, 2026