FCC frames rules on contempt, appeals, habeas corpus and others

The Federal Constitutional Court (FCC) has established new rules covering various aspects of court procedures in Pakistan. One key provision allows for disciplinary action against lawyers filing frivolous or dishonest review petitions, with costs set at a minimum of Rs25,000. The Registrar has the power to reject a petition if it does not meet the specified rules or is deemed scandalous, giving the petitioner a fourteen-day window to appeal to a Judge-in-Chambers. Lawyers who submit such frivolous petitions may also be ordered to pay at least Rs25,000 in costs.

Before a review petition can be heard, an applicant must deposit Rs50,000 as security; this amount may be forfeited if the petition is dismissed or deemed frivolous. Review petitions are typically heard by the same bench that issued the original judgment, unless a member of that bench is unavailable, in which case a new bench may be formed.

Subsequent review petitions against orders passed on a review petition are prohibited, and the registry will not accept them. In cases involving a death sentence, the Registrar must inform the relevant government upon receipt of a review petition, and the death sentence remains suspended until the petition's outcome, unless all legal proceedings, including appeals and mercy petitions, have been concluded.

Adjournments are generally not granted without a written application from the Advocate-on-Record or the party present in person, demonstrating sufficient cause to the Court. Requests made via letter, fax, email, or any method other than a proper application under this rule are unlikely to be considered. Additionally, no adjournment will be granted on a fixed hearing date announced by the Court.