ISLAMABAD: The Federal Constitutional Court (FCC) on Thursday, October 1 notified the Federal Constitutional Court (Practice and Procedure) Rules, 2026 — the new FCC rules setting out how it will handle cases about the enforcement of fundamental rights. The 126-page document, detailed here, has been issued under Article 191 of the Constitution to regulate the court’s practice and procedure. Part III, Order XXVI, prescribes the original jurisdiction of the FCC under Article 175E of the Constitution for the enforcement of fundamental rights.
Habeas corpus pleas to be heard within seven days
Under the rules, a habeas corpus petition with an affidavit sworn by the person alleged to be restrained must explain that the petitioner has approached the concerned high court. It will be fixed for hearing as early as possible, and in any case no later than seven days from the date of its filing.
The rules also state that no court fee will be payable on a petition for a writ of habeas corpus, or on any other petition under Article 175E(3) of the Constitution arising out of criminal proceedings or proceedings connected with them.
The habeas corpus remedy has fresh resonance after high-profile detention cases, including that of Jagtar Singh Johal, who spent nine years in Delhi’s Tihar Jail before his release.
Rule nisi and production of detainees
If the FCC is satisfied that a prima facie case for the grant of relief has been made out, it will issue a rule nisi calling on the person or persons against whom the order is sought to appear on a specified date and show cause why the relief prayed for should not be granted. The court may also direct that the person alleged to have been illegally or improperly detained be produced before it.
In disposing of any petition or rule under this order, the FCC may, at its discretion, make such order as to costs as it considers just and proper.
FCC rules for other rights applications
Applications for the enforcement of fundamental rights other than a petition for habeas corpus must be supported by an affidavit verifying the facts relied upon and stating whether the applicant has approached the concerned high court for the same relief, and with what result.
The application will be fixed for hearing on a date allowing at least eight clear days between the service of the notice of motion and the hearing date. The court may impose costs or require security as it deems proper.
The rules give the court the power to call for the record of any case or proceeding from any authority, so it can satisfy itself about the legality of the action under scrutiny. All petitions under this order will be dealt with expeditiously and, as far as practicable, decided within a reasonable time.
Contempt powers and review limits
The FCC can take cognisance of contempt of court on its own motion or on a petition. This covers scandalising or prejudicial contempt, where the alleged contempt consists of words, spoken or written, or acts or visible representations that tend to prejudice a party to any proceeding before the court, scandalise the court or any judge, or otherwise tend to bring the court or a judge into hatred, ridicule or contempt.
The same set of rules also puts the chief justice alone in charge of bench formation and bars second review petitions once the first review has been finally decided.
The notification comes as the broader judicial framework takes shape, with Bilawal Bhutto-Zardari and Rana Sanaullah formally made members of the Judicial Commission of Pakistan.
FAQs
What are the new FCC fundamental rights rules?
The Federal Constitutional Court has notified its 2026 practice and procedure rules, covering petitions for the enforcement of fundamental rights under Article 175E.
How quickly will habeas corpus petitions be heard?
Habeas corpus petitions meeting the prescribed requirements will be fixed for hearing as early as possible and no later than seven days from the date of filing.
Is there a court fee on these petitions?
No. The rules state that no court fee is payable on a habeas corpus petition, or on other petitions under Article 175E(3) arising out of criminal proceedings.
How are other fundamental-rights applications handled?
They must carry an affidavit verifying the facts and stating whether the applicant approached the high court for the same relief, and the hearing date must allow at least eight clear days after the notice of motion is served.
Can the FCC act against contempt on its own?
Yes. The court can take cognisance of contempt of court on its own motion or on a petition, including scandalising or prejudicial contempt.
