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SC, FCC are not subordinate to each other, they are constitutionally independent courts: SC

Islamabad: Supreme Court (SC) has issued an important decision on the power of jurisdiction of SC and Federal Constitutional Court (FCC) after 27th constitutional amendment.

SC has said in its decision that SC and FCC are not subordinate to each other but are independent courts. No one court is appellate authority for other. However as per article 189 of the constitution the legal principles set by FCC will be applicable to other courts.

The court maintained FCC will hear constitutional cases while SC will hear regular cases.

The SC verdict said both the courts will give decision by respecting the powers of jurisdiction of each other.

Appeals in respect of constitutional petition filed under article 199 will be heard by FCC while the powers regarding general civil and regular appeals will rest with SC.

A two members bench of SC presided over by Chief Justice of Pakistan (CJP) Yahya Afridi issued detailed decision.

It was said in the decision FCC enjoys special constitutional powers of jurisdiction after 27th constitutional amendment.

Appeals against the decisions of constitutional nature of high court will be deemed to have been transferred to FCC. Tenancy and certain family matters will be exempted from the powers of jurisdiction of FCC.

The SC ordered to declub the cases related to joint decision of PHC. Appeals of civil nature will remain pending hearing with SC.

It was ordered to transfer appeal related to constitutional petition to FCC.

The respective court whose order has been violated will hear contempt of court cases .

The contempt of court proceedings related to violation of SC orders will run in SC. The power of contempt of court is linked to dignity of the court.