Pakistan’s Federal Constitutional Court Issues New Rules for Cases, Appeals and Death Penalty Reviews
ISLAMABAD, PAKISTAN — WEB DESK: Pakistan’s Federal Constitutional Court (FCC) has published a comprehensive set of rules governing proceedings before the court, setting out procedures for contempt cases, review petitions, death penalty matters, Article 63A appeals, oral arguments, adjournments, bench formation and lawyers.
The newly published rules run to 126 pages and provide detailed procedures for handling cases before the constitutional court. Under the rules, the FCC may initiate contempt proceedings on its own motion, while proceedings may also begin on an application filed by another person.
Significant provisions have been introduced for review petitions. A frivolous or malicious review petition may result in disciplinary proceedings against a lawyer and costs of at least Rs25,000. A petitioner will also generally be required to deposit Rs50,000 as security before a review petition is heard. The amount may be forfeited if the petition is dismissed or found to be without merit.
Review petitions will, as far as possible, be placed before the same bench that delivered the original judgment or order. The rules also state that no further review can be filed against an order issued in a review petition.
One of the most consequential provisions concerns death penalty cases. When a review petition involving a death sentence is filed, the registrar must immediately notify the relevant government and execution of the sentence will be automatically suspended until the review petition is decided, without requiring a separate court order. The automatic suspension does not apply where all available legal proceedings, including appeal, review and mercy petitions, have already been exhausted.
The FCC may also call for the record of a case pending before another court if it involves an important question concerning interpretation of the Constitution. Habeas corpus petitions under the relevant constitutional provision are to be fixed for hearing within seven days, and no court fee will be charged for such petitions or specified criminal proceedings.
The rules also impose tighter controls on adjournments, describing them as an exceptional measure rather than a right of litigants. Applications considered vague, unnecessary or intended to delay proceedings may be rejected, while compensatory costs may be imposed in appropriate cases.
For cases involving Article 63A, an appeal against an Election Commission decision may be filed before the FCC within 30 days, while the rules provide for such appeals to be decided within 90 days of filing.
Oral arguments will generally be limited to 10 minutes per party, rising to around 30 minutes for cases involving substantial questions of law. Written submissions are to be filed at least two days before the hearing.
Every case, matter or appeal will ordinarily be heard by a bench consisting of at least two judges. The chief justice may constitute a larger bench depending on a case’s importance, complexity or public significance.
The rules represent a detailed procedural framework for the FCC, which was established following Pakistan’s 27th Constitutional Amendment. Justice Aminuddin Khan was appointed the court’s first chief justice following the amendment’s enactment in 2025.
