Constitutional court takes up first cases on Karachi's public parks, life-saving drugs

Three benches hear cases in IHC building as FCC expands to seven judges

ISLAMABAD:

The Federal Constitutional Court held its first proceedings on Monday, working from the Islamabad High Court’s building, it took up challenges to past high court decisions. This included an appeal by the Karachi Metropolitan Corporation against the Sindh High Court’s judgement on the use of Karachi’s parks.

Proceedings in the courtroom of newly inducted Justice Amin-ud-Din Khan began with the recitation of the Holy Quran. During 30 minutes of proceedings, the bench heard five cases, though lawyers did not appear in two of them.

In the case regarding SHC’s judgement, KMC’s counsel argued that the matter related to KMC’s powers and that the corporation had approved the use of public parks for sports activities through a resolution. The SHC had held that KMC lacked such authority, prompting the appeal.

The bench remarked that the matter involved public interest and issued a stay order against the SHC judgment. It also issued notices to all parties and adjourned the hearing until November 27. The petitioner’s lawyer stated that contempt petitions had also been filed against them. The bench directed the SHC not to proceed with contempt proceedings.

A petition had been filed in the SHC in July this year alleging that amenity park plots were being converted by the KMC for commercial use through collusion with private entities. In response, the SHC issued notices to KMC and summoned the director of parks in an August hearing.

In September, the SHC ruled that the conversion of amenity parks and playgrounds for commercial use, as well as renting them out under public-private partnerships, is illegal. Citing the Sindh Local Government Act, 2013, the court ruled that the KMC had no authority to regulate these spaces.

DRAP directed to report on life-saving medicines

The bench also heard a case related to the availability of life-saving medicines. Additional Attorney General Aamir Rehman appeared before the bench on the court’s call. The chief justice remarked that this was a public-interest case and that the government must review the availability of medicines.

During the hearing, the petitioner informed the court that he had sought the registration of 41 life-saving drugs, of which the registration of 30 had been completed. However, he argued that the Drug Regulatory Authority of Pakistan (DRAP) had not yet provided complete information regarding the market availability of these medicines.

The petitioners added that DRAP had assured that details of the medicines would be uploaded on its website, but many of the drugs did not appear in the online database. DRAP’s counsel argued that the prices of several medicines – particularly those used for diabetes – were being regulated, and that information was being updated on the website.

The bench directed DRAP to submit a report on the nationwide availability of life-saving medication, adjourning the hearing for an indefinite period.

Court expands to seven judges

Formed under the 27th Constitutional Amendment, the court also expanded to seven judges with the induction of Justice Syed Arshad Hussain Shah and Justice Rozi Khan Barrech.

Justice Shah served as the chief judge of the Gilgit-Baltistan Supreme Appellate Court from 2019 to 2022, while Justice Barrech was elevated to the FCC from the Balochistan High Court (BHC) where he had been serving as the chief justice since June this year.

According to sources, the FCC will be permanently established in the IHC building located on Islamabad’s Constitution Avenue, while the IHC itself will be shifted back to its old building in the G-10 sector of the federal capital, and the relocation process is expected to be completed by January.

Items from the third floor of the current IHC building have already been moved to the G-10 premises. Assistant Registrar Mohammad Asad had been appointed supervisor for the transfer of records.

At IHC’s Courtroom No 2 – formerly used by IHC Justice Mohsin Akhtar Kayani – a simple handwritten slip reading “Chief Justice, Federal Constitutional Court of Pakistan” was pasted at the entrance.

On Monday, the FCC formally commenced proceedings after notifying three benches. The first bench, headed by FCC Chief Justice Amin-ud-Din Khan, included Justice Ali Baqar Najafi and Justice Syed Arshad Hussain Shah.

The second bench comprised Justice Hassan Azhar Rizvi and Justice K K Agha while the third bench included Justice Aamer Farooq and Justice Rozi Khan Barrech.

*With additional information from APP