AFTER receiving a warm and cordial welcome during its inauguration at the Islamabad High Court (IHC) building, calls are now growing to shift the newly-formed Federal Constitutional Court (FCC) to its originally-designated premises, in the Federal Shariat Court (FSC) building.

The ongoing tug-of-war over who gets control of the Constitution Ave­nue premises is increasingly starting to resemble a joint family squeezed into an old ancestral home, where every member complains about inadequate space and competing needs.

Last week, the Islamabad High Court Bar Association (IHCBA) demanded that the FCC be moved out of its temporary location within the IHC building, asserting that the new court must eventually operate from the FSC premises.

The bar leadership also warned that any attempt to relocate the IHC itself would be met with determined legal and democratic resistance.

Islamabad judiciary wary as newly formed Federal Constitutional Court could potentially usurp its coveted Constitution Avenue location

The establishment of the FCC has exposed what many observers describe as a lack of planning on the part of policymakers. The FCC — initially part of the 26th Constitutional Amendment package, but removed shortly before its passage — was reintroduced in the 27th Amendment.

Interior Minister Mohsin Naqvi had reportedly finalised the FSC building for the FCC days before the amendment was tabled in parliament.

However, the decision to convert the FSC building into the FCC’s permanent home was taken unilaterally, without consulting Shariat Court judges. Under the plan, four FSC judges and a backlog of only 56 pending petitions were to be shifted to the IHC’s third floor, where the Capital Development Authority (CDA) was instructed to urgently prepare four new courtrooms.

Simultaneously, the CDA was tasked with renovating FSC courtrooms for FCC judges. But when CDA teams arrived to take possession of the Shariat Court premises, the administration strongly resisted, even preventing their entry.

FSC Chief Justice Iqbal Hameedur Rehman, along with other judges, subsequently met Chief Justice of Pakistan Yahya Afridi and conveyed their reservations over what they termed a unilateral and abrupt order, requiring them to vacate their purpose-built premises within a week.

A senior lawyer remarked that the situation was ironic: “A tenant is normally granted at least a month to vacate a rented property, yet the FSC judges were expected to leave within a week from a building acquired specifically for the Shariat Court”.

Cramped space

After the 27th Amendment was passed and received presidential assent, the oath-taking ceremony of the FCC Chief Justice was held at the Presidency, attended by the top civil, military and legal leadership.

But with the FSC building still not handed over to the FCC, the oath-taking for the judges had to be held at the Islamabad High Court.

The initial oath ceremony for three judges took place on November 14 at an open space at the IHC, where IHCBA office-bearers and senior lawyers warmly greeted the newly-appointed judges.

The following day, Justice K.K. Agha was administered the oath in a cramped conference room, which could accommodate barely 25-30 people. On November 17, the oaths of Justice Rozi Khan Barrech and Justice Syed Arshad Hussain Shah were also conducted in the same congested room.

The IHC administration arranged seven courtrooms to enable the FCC to function temporarily until its permanent premises were finalised. But once senior staff of the FCC — many of them brought in from the Supreme Court — assumed their roles, the shortage of space became even more pronounced.

The allocation of courtrooms also caused unease. The FCC chief justice was assigned Courtroom No. 2, previously used by Justice Mohsin Akhtar Kayani for his own judicial work.

Senior officials within the high court expressed the apprehension that since the FCC is the highest constitutional forum, its chief justice could potentially assume control of the IHC building if he so desired.

Bar divided

At Friday’s press conference, IHCBA President Wajid Ali Gilani emphasised that the FCC’s use of IHC premises must remain temporary.

“The FCC must first be moved to the Supreme Court building, and permanently to the FSC, where the caseload is lower and infrastructure already exists,” he said. “No institution will be allowed to impose itself on the site of the high court.”

“Any administrative decision taken without consultation with the legal community is unacceptable and will be vigorously resisted,” he warned.

Mr Gilani recalled that Islamabad’s judicial framework had evolved from a single court functioning in Melody Market in 1960, to a full-fledged system with more than a hundred judges.

He said buildings constructed through public funds must operate according to constitutional norms rather than administrative convenience.

IHCBA Secretary Manzoor Ahmed Jajja said rumours of the IHC’s relocation stemmed from a private TV report with “no legal or administrative standing”. He warned: “If anyone tries to wall off the High Court, there will be a strong protest. This community will not allow the judiciary’s independence to be compromised.” In stark contrast to the high court bar’s position, the Islamabad Bar Association (IBA) — commonly known as the District Bar — welcomed the proposal to shift the high court back to its old premises in Sector G-10.

After a cabinet meeting on Friday, IBA President Chaudhry Naeem Ali Gujjar said the proposal would alleviate difficulties faced by lawyers and litigants. “Shifting the high court back to G-10 is a practical and long-awaited step. It will facilitate the legal community and improve access to justice,” he said.

Published in Dawn, November 24th, 2025