As first CJ dons the robe, FCC begins to take shape

President appoints six judges to new court; Shah, Minallah resignations accepted; FCC strength set to reach 13 judges

ISLAMABAD:

Soon after the Senate on Friday passed four bills related to the recently approved 27th Constitutional Amendment, with a majority voice vote, the government moved fast to begin shaping the new judicial framework.

Justice Aminuddin Khan was sworn in as the first chief justice of the Federal Constitutional Court.

President Asif Ali Zardari administered the oath to the newly appointed chief justice of the FCC in a ceremony at Aiwan-e-Sadr.

In a related development, the president accepted the resignations of Supreme Court judges – Mansoor Ali Shah and Athar Minallah. It was announced on a post on the president's official X account.

The two justices hung up their robes on Thursday, describing the legislation as an affront to the judiciary and the 1973 Constitution.

The oath-taking ceremony of the first FCC chief justice started with the recitation of the Holy Quran.

In his oath, Justice Aminuddin vowed to discharge his duties in accordance with the Constitution and the law, while also abiding by the code of conduct issued by the Supreme Judicial Council.

"That I will not allow my personal interest to influence my official conduct or my official decisions. That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan and that in all circumstances, I will do right to all manner of people according to law, without fear or favour, affection or ill will," he said in his oath, after which he shook hands with the president.

The ceremony was attended by Prime Minister Shehbaz Sharif and Chief Justice Yahaya Afridi. Senate Chairman Syed Yousaf Raza Gilani, National Assembly Speaker Sardar Ayaz Sadiq, First Lady Aseefa Bhutto Zardari, federal ministers, Chief of Army Staff Field Marshal Asim Munir, CJCSC General Sahir Shamshad Mirza and PPP Chairman Bilawal Bhutto-Zardari were also in attendance, besides parliamentarians and notables from the legal fraternity.

His appointment was made by the president under Clause 3 of Article 175A, read with Article 175C, of the Constitution.

Meanwhile, the president also appointed six judges to the FCC. A notification issued by the law ministry said that the president made the appointments under Clause 3 of Article 175-A, read with Article 175-C of the Constitution.

Justice Syed Hasan Azhar Rizvi, Justice Aamer Farooq and Justice Ali Baqar Najafi of the Supreme Court, Justice KK Agha of the Sindh High Court and Balochistan High Court Chief Justice Rozi Khan Barrech were appointed to the FCC.

Justice (retd) Arshad Hussain Shah has also been appointed. He was appointed as Justice Musarrat Hilali was not willing to join the FCC.

The initial strength of the FCC was determined through a presidential order, while any future increase in the number of judges will require parliamentary approval through an act of parliament.

Of the judges appointed to the FCC, Justices Rizvi, Farooq and Najafi were administered the oath by Justice Aminuddin at the Islamabad High Court.

Sources said the government has decided to increase the FCC strength to 13.