ISLAMABAD: The Federal Constitutional Court of Pakistan has made public its Practice and Procedure Rules, 2026, setting out detailed procedures covering contempt of court, review petitions, death penalty cases, habeas corpus petitions, appeals, adjournments, lawyers’ enrolment and court proceedings. The Court’s official website lists the rules as an approved notification dated September 25, 2026.


Under the rules, the Federal Constitutional Court may take suo motu notice of contempt of court, while contempt proceedings may also be initiated on an application filed by any person.


Rules for Review Petitions


The rules provide that disciplinary action may be taken against a lawyer for filing a frivolous or mala fide review petition, along with costs of at least Rs25,000.

A party filing a frivolous or mala fide review petition may also be ordered to pay at least Rs25,000 in costs. The applicant will be required to deposit Rs50,000 as security before the review petition is heard.

If the review petition is dismissed or declared frivolous, the security amount may be forfeited.

Review petitions will, as far as possible, be heard by the same bench that passed the original judgment or order. If a member of the original bench is unavailable, the matter may be heard by a bench comprising one or more judges of the original bench where possible.

The rules also state that a second review petition against an order passed on a review petition will not be allowed, nor will such a subsequent petition be accepted by the registry.


Death Penalty Cases


In cases involving the death penalty, the Registrar will immediately inform the relevant government when a review petition is filed.

Execution of the death sentence will automatically remain suspended until the review petition is decided, without requiring a separate court order to stay the execution.

However, this automatic suspension will not apply where all legal proceedings, including an appeal, review and mercy petition, have already been completed.


Constitutional Questions and Court Records


The Federal Constitutional Court may call for the record of a case pending before another court when an important question relating to the interpretation of the Constitution arises.

The concerned court will be required to send the record immediately or within the period specified by the Federal Constitutional Court.

After receiving the record, the Registrar will place it before the Court for appropriate orders. After hearing the parties, the Court may issue an appropriate order in the interests of justice and may return the record to the concerned court with certified copies or further directions where necessary.


Habeas Corpus Petitions


The rules provide that a writ of habeas corpus petition may be filed at the Court’s registry or branch registry.

An affidavit from the detained person will generally have to accompany the petition. The petition must also state whether the relevant High Court has previously been approached for the same relief.

If the detained person is unable to provide an affidavit because of the detention, an affidavit from another person familiar with the facts may be submitted. The affidavit must explain why the detained person could not provide one.

A habeas corpus petition under Article 175E(3) will be fixed for hearing within seven days, and no court fee will be charged for such a petition or related criminal proceedings under the provision.

Where a prima facie case for relief is established, the Court may issue an initial order and require the relevant person or authority to explain why the requested relief should not be granted. The Court may also direct that a person allegedly held in unlawful or improper detention be produced before it.


Appeals and Adjournments


An application for leave to appeal in a criminal case must generally be filed within 60 days from the date of the judgment or final order.

The rules state that an adjournment will be treated as an exceptional matter rather than a right. Vague, formal, unnecessary or delay-oriented applications may be rejected.

Where an adjournment is sought without adequate justification or merely for convenience or delay, the Court may continue the proceedings.

Adjournments may, however, be granted in genuine emergencies or unavoidable circumstances.

Compensatory costs may be imposed on a defaulting party, lawyer or Advocate-on-Record. A frivolous or mala fide application may also result in costs of at least Rs25,000, which may be forfeited or paid to the opposing party.


Article 63A Appeals


The rules provide for appeals before the Federal Constitutional Court against decisions of the Election Commission under Article 63A.

Such an appeal must be filed within 30 days of the Election Commission’s decision, while the Court is to decide each such appeal within 90 days of its filing.

The rules also specify the application of the Article 63A provisions to decisions made after the relevant constitutional amendment came into force and their relationship with subsequent general elections.


Time Limits for Lawyers’ Arguments


Each party in a case, petition or appeal before the Federal Constitutional Court will generally be allowed 10 minutes for oral arguments.

In cases involving an important question of law, each party will ordinarily be allowed 30 minutes.

No lawyer may exceed the allotted time without prior permission from the Court.

Brief written submissions must be filed at least two days before the hearing, along with a soft or scanned copy.


Benches and Larger Benches


Every case, matter or appeal will be heard by a bench comprising at least two judges.

An appeal arising from a decision of a High Court division bench will also be heard by a bench of at least two judges.

Where judges on a bench are equally divided in their opinions, the matter may be referred to another judge or to a larger bench nominated by the Chief Justice.

The Chief Justice may constitute a larger bench at any stage based on the importance, complexity or public significance of a case. The number of judges on such a bench will be determined by the Chief Justice.


Rules Concerning Advocates


Separate rolls will be maintained for Senior Advocates, Advocates and Advocates-on-Record.

A lawyer will not be permitted to sign the roll without producing an enrolment certificate issued by the Pakistan Bar Council.

The Chief Justice and judges may remove an advocate’s name from the roll in cases of professional misconduct or misbehaviour.

For enrolment as an Advocate, the rules require at least seven years of practice as a High Court Advocate.

The Chief Justice and judges may designate lawyers as Senior Advocates on the basis of their knowledge, competence and experience. Senior Advocates will receive precedence over other advocates.

The enrolment fee for a Senior Advocate has been fixed at Rs100,000.


Case Classification and Registry Procedures


According to the rules, all cases, petitions, appeals and review petitions before the Federal Constitutional Court will be divided into different categories and subcategories.

The Registrar, with the approval of the Chief Justice, will prepare and publish a comprehensive schedule covering the filing, scrutiny, registration, listing, allocation and statistical management of cases.

The Federal Constitutional Court was established in November 2025 under the Twenty-Seventh Constitutional Amendment and formally began its constitutional functions in November 2025.

The new rules provide a detailed procedural framework for constitutional litigation, contempt proceedings, review petitions, habeas corpus matters, appeals, court hearings and the conduct of advocates before the Federal Constitutional Court.