ISLAMABAD (Dunya News) – The Federal Constitutional Court (FCC) on Tuesday stated that under the Constitution the jurisdiction of high courts is limited, and that decisions must be made in accordance with the law rather than on the basis of emotions.
The court set aside the Sindh High Court’s order under which a student had been allowed to appear in a special/super supplementary examination. The court clarified that there is no provision in the law, rules, or regulations permitting a special/super supplementary examination; therefore, high courts cannot issue such orders on the basis of sympathy, equality, or personal sentiments.
The Federal Constitutional Court held that sympathy or morality cannot replace the law. Judges must decide cases in accordance with the law, not emotions. Courts cannot apply any standard other than the law on the basis of personal morals or compassion.
It was further held that judicial decisions cannot be based on personal beliefs or political considerations. Judicial credibility lies not in emotional decisions but in the enforcement of the law. Judges are required to dispense justice according to the law, without fear or favour, because Pakistan is a state governed by the Constitution, not by individuals. Judges are not private persons but impartial adjudicators, and giving preference to sympathy over legal duty amounts to a deviation from the judicial office.
The court observed that high courts are created under the provisions of Constitution. Pakistan’s constitutional journey has always remained within the bounds of law, where personal good intentions or unfettered authority have no place in the constitutional system. Under Article 199 of the Constitution, high courts have a limited jurisdiction and may exercise only those powers expressly conferred by the Constitution or law. The court emphasized that no judicial forum has the authority to exceed constitutional limits.
The court clarified that if any power of compassion exists under Article 187, it is vested only in the Supreme Court and the Federal Constitutional Court.
A student of Shaheed Mohtarma Benazir Bhutto Medical University was unable to appear in the annual examinations due to a kidney transplant and also missed the supplementary examinations. The student submitted two applications to the Vice Chancellor in this regard, both of which were rejected by the university administration.
Subsequently, the student approached the Sindh High Court under Article 199 of the Constitution, where he was permitted to appear in a special/super supplementary examination. However, the Federal Constitutional Court declared that decision null and void.
This 18-page decision was issued by Justice Aamer Farooq.