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FCC nullifies Sindh govt orders regarding dismissal of ATC judges

ISLAMABAD:Federal Constitutional Court (FCC) has declared null and void Sindh government orders regarding dismissal of Anti Terrorism Court (ATC) judges.

The FCC while nullifying Sindh High Court (SHC) December 22, 2025 order has approved the appeal plea by petitioner Muhammad Yamin.

Justice Muhammad Karim Khan Agha issued written order.

The court maintained new age limit of 65 years does not apply to the judges appointed for specified term before amendment in Anti Terrorism act.

The petitioning judge Muhammad Yamin will complete his tenure of two and half year as judge ATC Karachi.

FCC said in its decision the right fixed in the past cannot be abolished without clear legislation. The judges who were appointed before amendment will stay in their posts till the completion of their tenure of service. Sindh anti terrorism amendment act does not apply retrospectively .

The petitioner Muhammad Yasin was appointed as judge ATC -4 Karachi for two and half years on September 19, 2024 under Anti Terrorism Act 1997. The age of the petitioner was about 70 years at the time of his appointment and no upper limit of age was fixed for appointment at that time in law.

Through amendment act the maximum limit of age was fixed 65 years for appointment and staying in service in respect of judges.

Following this amendment the Sindh government relieved 3 judges including Muhammad Yamin from their posts forthwith through notification.