Creation of FCC shrouded in uncertainty

The Supreme Court may have reversed its judgment on the interpretation of Article 63-A of the Constitution, but uncertainty still looms over the fate of the proposed Federal Constitutional Court (FCC) to be created through a constitutional amendment.

This is a catch 22 situation for all relevant stakeholders.

After the unveiling of the proposed judicial package, the government is apprehensive that if its plan is unsuccessful, it may face a serious backlash from the superior judiciary. That's why the rulers are trying their best to the establish an FCC.

Sources revealed to The Express Tribune that the government is solely focusing on the creation of the FCC, which is being proposed as the apex court of the country to adjudicate on constitutional matters.

On the other hand, others claimed that Chief Justice of Pakistan Qazi Faez Isa has asked the government not to consider him as part of the proposed judicial package as he plans to retire on October 25.

However, his critics in the legal fraternity say that conduct of the CJP Isa shows his intentions are different, especially after the reversal of the initial Article 63-A judgment which held that the vote of a defecting lawmaker will not be counted.

Many urged CJP Isa to issue a statement if he was interested in occupying any public office after October 25. It is fact that JUI-F publicly opposed CJP Isa's extension in any form.

On the other hand, PPP Chairman Bilawal Bhotto Zardari says his Pakistan Peoples Party wants to pass constitutional amendment before October 25. However, it is unclear as whether the government can manage a two-thirds majority to pass a constitutional amendment.

JUI-F Chief Molana Fazalur Rehman urged the rulers to postpone their plan to pass a constitutional amendment until the end of the SCO conference. At the same time, PTI has called a protest at D-Chowk today.

One section within the government is realising that only CJP Isa can guarantee the system they want to install. His presence is vital for the sustainability of the proposed FCC and his services for the present system cannot be overlooked.

After the announcement of the short order in Article 63A review case, the majority judges held an informal meeting at SC premises.

The judges deliberated over the ongoing situation in which the government is trying to create a new apex court in the country. Lawyers are suggesting that instead of preempting, the majority judges should handle the situation carefully for the dignity of the institution.

They said that if Justice Syed Mansoor Ali Shah had developed an understanding with the present government, his notification as CJP might have already been issued. However, they laud that he does not want to become an agenda-driven chief justice.