ISLAMABAD – Severe shortage of judges has rendered the Federal Shariat Court (FSC) dormant, consequently, adding to the backlog of appeals and causing delay in adjudication of pending pleas.
Under Article 203-C (Chapter 3A) of 1973 Constitution, the sanctioned strength of FSC judges, including the chief justice, is eight; however, currently there are only two judges including the chief justice, are performing their functions. According to a prominent lawyer and jurisconsult of FSC Dr Muhammad Aslam Khaki, no benches are being constituted for hearing because of the judges’ shortage and ultimately no appeals are being heard.
The FSC is functioning with two judges – chief justice Agha Rafiq Ahmed Khan and Justice Shahzado Shaikh. Earlier, the appointments of FSC judges were made by the President of Pakistan; however, after the passage of 18th Amendment, the job rests with the Judicial Commission and Parliamentary Committee.
Recently, the FSC chief justice had recommended and sent the names of four as the FSC judges; however, the Judicial Commission rejected these names for being ‘incompetent’. The name of Justice Syed Afzal Haider, then an incumbent FSC judge was also rejected for extension.
Under Article 203D, the FSC may, either of its own motion or on the petition of a citizen of Pakistan or the federal or provincial governments, examine and decide the question whether or not any law or provision of law is repugnant to the injunctions of Islam, as laid down in the Holy Quran and Sunnah of the Holy Prophet (PBUH).
