Justice Aminuddin Khan was officially sworn in as the inaugural chief justice of the newly established Federal Constitutional Court (FCC). His appointment follows the 27th Constitutional Amendment which was enacted a day before and which made the creation of this new court to be possible.
It was an oath taking ceremony that was conducted in Aiwan-e-Sadr, Islamabad and the oath was administered by President Asif Ali Zardari. The event was attended by several of the leading civil and military leaders such as COAS Field Marshal Asim Munir and CJCSC General Sahir Shamshad Mirza. Justice Aminuddin was also sitting on the same stage as Chief Justice of Pakistan Yahya Afridi, Prime Minister Shehbaz Sharif and other senior officials.
There were also leaders of different political parties, including Bilawal Bhutto-Zardari, Aseefa Bhutto-Zardari, Deputy Prime Minister Ishaq Dar, along with other members of the federal cabinet.
The service started with the Holy Quran recitation. Justice Aminuddin took the oath in English and swore to abide by the Constitution, be non-partisan and deliver justice without fear or favoritism. As the oath was over, he shook hands with the president.
Articles 175A(3) and 175C of the Constitution was the reason behind his appointment a day earlier. His position was to commence as soon as the oath-taking was undertaken, according to the notification.
Why the Federal Constitutional Court Was Created
The decision to establish the FCC is part of the wider set of reforms included in the 27th Amendment. According to officials, the court has been created to:
- reduce the workload on the Supreme Court
- ensure quicker decisions on constitutional matters
- improve judicial independence and public confidence
Six Judges Appointed to the FCC
Along with Justice Aminuddin, the government also appointed six judges to the new court. As per the Law Ministry’s notification:
- Justice Syed Hasan Azhar Rizvi (Supreme Court)
- Justice Aamer Farooq (Supreme Court)
- Justice Ali Baqar Najafi (Supreme Court)
- Justice K.K. Agha (Sindh High Court)
- Justice Rozi Khan Barrech (Chief Justice, Balochistan High Court)
- Justice (retd) Arshad Hussain Shah
Sources shared that retired Justice Arshad Hussain Shah was included because Justice Musarrat Hilali did not wish to join the new court.
The initial number of FCC judges has been fixed through a presidential order. Any future increase in judges will require the approval of Parliament.
On Friday, Justices Rizvi, Farooq, and Najafi took their oaths from Chief Justice Aminuddin at the Islamabad High Court. Their ceremony was held at the IHC because judges of the Federal Shariat Court (FSC) had raised concerns about immediately moving to their new designated offices on the third floor of the IHC building.
Changes in Schedule and Venue
Justice Aminuddin’s oath ceremony was originally planned for Thursday morning. However, a small amendment had to be made to the 27th Constitutional Amendment Bill, and the bill was sent back to the Senate for approval. Once the Senate cleared it, the ceremony was first shifted to Thursday evening and then finally moved to Friday.
Interestingly, the ceremony did not take place in the Federal Shariat Court building, which was initially considered for the FCC. The plan was to house the FCC in the FSC building and move the Shariat Court to the IHC. However, FSC judges were reportedly unhappy with the sudden relocation and brought the matter to Chief Justice Afridi, leading to the change in venue.
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