In a landmark move that has already sparked debate, Pakistan’s newly established Federal Constitutional Court issued its inaugural decision on Monday, temporarily halting a ruling by the Peshawar High Court—a decision that could reshape how employer-employee disputes are handled in the country. But here’s where it gets controversial: the court’s stay order, granted on an appeal by the Khyber Pakhtunkhwa government, effectively pauses a ruling that had removed a financial burden on private institutions during appeals. Let’s break it down.
The case began when the Khyber Pakhtunkhwa government appealed to the Federal Constitutional Court, requesting a suspension of the Peshawar High Court’s decision. The ruling in question had eliminated the requirement for private institutions to deposit a security amount when appealing cases involving unpaid dues to workers. This change was seen by some as a relief for businesses, but critics argue it left workers vulnerable. The Additional Advocate General argued that without this security deposit, workers might struggle to secure their rightful payments if institutions delay or deny appeals. The two-member bench, led by Justice Hasan Rizvi, agreed to stay the Peshawar High Court’s decision, issuing notices to all involved parties.
And this is the part most people miss: the Federal Constitutional Court, formed under the 27th Amendment, has already begun reshaping Pakistan’s legal landscape. Chief Justice Aminuddin Khan, who heads the court, has constituted three benches to handle cases. Bench No. 1 includes Chief Justice Aminuddin, Justice Ali Baqar Najafi, and Justice Arshad Hussain Shah, while Bench No. 2 is led by Justice Hasan Rizvi and includes Justice K. K. Agha. Bench No. 3 features Justice Aamer Farooq and Justice Rozi Khan. These benches have started hearing cases in Courtroom No. 2 of the Islamabad High Court, with logistical changes underway to accommodate the new court structure.
Meanwhile, the Islamabad High Court is adjusting to the changes. Chief Justice Sarfraz Dogar will continue his proceedings in Courtroom No. 1, while Justice Mohsin Akhtar Kayani has been relocated to Justice Mian Gul Aurangzeb’s courtroom. Justices Aamer Farooq and Hasan Azhar Rizvi will now sit on the third floor. But here’s the question that’s dividing opinions: Is the Federal Constitutional Court’s decision a step toward protecting workers’ rights, or does it unfairly burden businesses? Let us know your thoughts in the comments—this is a conversation that’s just getting started.
