In corporate litigation and regulatory disputes, legal strategy has historically relied on established Supreme Court jurisprudence as an unassailable shield. A landmark judicial pronouncement has now overturned that doctrine. The newly established Federal Constitutional Court, created pursuant to the Twenty-Seventh Constitutional Amendment Act under Article 175F, issued an authoritative judgment authored by Justice Aamer Farooq ruling that Supreme Court judgments carry only persuasive value and are not legally binding on its bench.
Adjudicating review of petitions under Order 27 of the court rules, the court strictly circumscribed its review jurisdiction to errors apparent on the face of the record, barring the re-argument of dismissed appeals. Crucially, the bench erected steep procedural barriers to eliminate long awaiting litigation, mandating a security deposit of fifty thousand rupees under Rule 6 – liable to instant forfeiture – and introducing penal costs of no less than twenty-five thousand rupees, alongside disciplinary proceedings against Advocates-on-Record who file unfounded certificates of maintainability under Rule 4. For corporate general counsel and commercial litigators challenging statutory assessments by the FBR, SECP, or provincial revenue authorities, relying on legacy Supreme Court precedents is no longer sufficient. Corporate boards must conduct rigorous pre-filing legal risk audits to avoid penal sanctions.






