Islamabad: Federal Constitutional Court (FCC) while nullifying Sindh High Court (SHC) decision has maintained the jurisdictions of high courts are limited in the constitution and judges will have give decisions as per law rather than on the basis of sentiments.

The FCC nullified SHC order under which a student was allowed to appear in special/super supplementary examination .

The court made it clear no permission for special/super supplementary examination is there in laws, rules and regulations.

Therefore, high courts can not issue such orders on the basis of sympathy, equality or personal feelings.

The FCC has maintained sympathy or morality cannot replace law. Judges should give decisions on the basis of justice. Judges will have to give decisions as per law and not under sentiments.

The courts cannot implement some other criterion instead of law on the basis of personal ethics or sympathy.

It was maintained personal creeds or political facts can not become basis of the court’s decisions.

Court credibility lies in implementation of law rather than emotional decisions.

The judges have to dispense justice fearlessly as per law. Pakistan is state which runs on constitution not by individuals . Judges are not private persons but they are impartial judges. Preferring sympathy to legal obligations is tantamount to deviate from the judicial office .

The court maintained high courts are creation of constitution. Pakistan constitutional journey has always remained within legal parameters.

Here personal good intent or unbridled powers are not part of constitutional system. High courts wield limited powers under article 199 of the constitution. They can exercise only those powers which are laid down in law or constitution.

The court stressed that no judicial forum is authorized to transgress constitutional limits.

The FCC made it clear if power of sympathy is there under article 187 of the constitution, it is vested only in supreme court and FCC.

It is pertinent to mention here student of Shaheed Mohtarma Benazir Bhutto Medical University (SMBBMU) could not participate in annual examination due to kidney transplantation. He missed supplementary examination on medical grounds. The student had sent two applications to vice chancellor in this regard. However university administration had rejected both of the applications.

Later the student had resorted to SHC under article 199 of the constitution.

The court allowed him to appear in special/supper elementary examination.

The FCC while annulling this decision made it clear such orders are out of the powers jurisdiction of law and constitution.

Justice Amir Farooq has issued this decision of FCC in the form of 18-page written order.