27th Amendment gives FCC no authority to reopen SC verdicts, reinforcing judicial finality in private, public disputes
ISLAMABAD:
The Federal Constitutional Court on Thursday ruled that a parallel appeal cannot be filed against a Supreme Court of Pakistan’s decision, reinforcing that the apex court’s final rulings are beyond review.
FFC clarified that it cannot entertain appeals against final decisions of the SC, marking a significant ruling after months of legal uncertainty.
The court said even after the 27th Amendment to the Constitution, which established the FCC, the new tribunal does not have the authority to supervise or reopen judgments already delivered by the Supreme Court. “The Constitution does not allow endless litigation; every legal battle must have an eventual conclusion,” the court noted in its written verdict.
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The ruling comes after a series of petitions were filed in the FCC challenging Supreme Court verdicts, raising concerns about parallel litigation and the finality of apex court decisions. The FCC emphasised that while it was created to protect constitutional rights and provide a forum for certain specialised cases, it cannot act as a forum to revisit final Supreme Court orders.
Chief Justice Aminuddin Khan dismissed a review petition filed against the Supreme Court’s September 12, 2024, order. The petitioner had argued that a three-member Supreme Court bench in 2015 had ruled in their favour, only for the verdict to be overturned by a two-member bench in 2022. The case concerned a land compensation dispute with the Multan Development Authority.
The FCC held that the land dispute was not of public importance but a private matter and therefore did not warrant reopening of the Supreme Court decision. The court also made it clear that no review could be sought under the guise of “reconsideration” or “corrective measures.”
Read More: FCC shuts door on re-litigation
The ruling reinforces the principle of judicial finality and limits attempts to use the FCC to bypass the Supreme Court’s authority. Following the 27th Amendment, several petitions challenging apex court decisions had been filed in the FCC, creating confusion over the scope of its jurisdiction. This verdict now establishes that the FCC cannot act as an appellate body over the Supreme Court.
The petitioner’s review petition in the Supreme Court had also been dismissed before the FCC case.
