The Federal Constitutional Court has set aside two major rulings of the Sindh High Court related to the wheat quota policy and income tax matters.
A three-member bench, headed by Chief Justice Aminuddin, heard the Sindh government’s petition regarding the wheat quota case. During the proceedings, Additional Attorney General Munawwar Dogal argued that the guidelines issued by the Sindh High Court did not fall within its constitutional domain, as policy formulation is solely the prerogative of the executive branch.
Justice Ali Baqar Najafi observed that drafting and announcing public policies is an executive function under the Constitution. After hearing all arguments, the court declared the Sindh High Court’s decision void.
Separately, the Federal Constitutional Court also nullified a stay order issued by the Sindh High Court’s constitutional bench in income tax–related cases and accepted a petition filed by a private bank. The ruling was issued by a two-member bench led by Justice Aamer Farooq.
During the hearing, the petitioner’s counsel argued that the constitutional bench of the Sindh High Court lacked jurisdiction over the matter, and therefore, any order passed was legally ineffective. Advocate Faisal Siddiqi explained that following the 26th Constitutional Amendment, a clear mechanism has been established distinguishing constitutional cases from regular ones; hence, this matter should have been heard by a regular bench.
Justice Aamer Farooq questioned how the jurisdiction could be challenged when the case was already before the constitutional bench. However, he pointed out that the amendment had explicitly separated the procedures for constitutional and regular cases, meaning such matters should have been referred to the appropriate bench.
The court remarked that any decision issued without jurisdiction is considered unlawful. After reviewing all arguments, the bench set aside the stay order and accepted the private bank’s petition.
