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The Federal Constitutional Court (FCC) has reinstated a judge of Anti-Terrorism Court-IV, Karachi, after the Sindh government removed him under a new age limit.
The court ruled that the new limit could not shorten an existing fixed-term appointment retrospectively.
In a 15-page judgement, Justice K K Agha explained the court’s reasoning. Justice Syed Hasan Azhar Rizvi led the division bench. It overturned a Sindh High Court (SHC) decision and declared the judge’s removal unlawful.
The court found that the Anti-Terrorism (Sindh Amendment) Act, 2025, did not clearly extend the new age limit to existing appointments. The law also contained no provision that required such an interpretation.
The petitioner is a retired district and sessions judge. The Sindh government appointed him to lead ATC-IV, Karachi, on September 19, 2024.
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His appointment came under Section 14(2) of the Anti-Terrorism Act, 1997. Section 14(3) provided for a two-and-a-half-year term. His tenure was due to end in March 2027.
He was about 70 years old when he received the appointment. However, the law at that time set no upper age limit for ATC judges.
The Sindh government later amended the law and introduced a maximum age of 65. On October 22, 2025, it removed four ATC judges who exceeded that limit.
The FCC said the key question concerned the amendment’s effect on existing appointments. The issue was whether the new age limit could cut short a judge’s remaining tenure.
“The petitioner, having been appointed for a specified tenure under the law then in force, had acquired a vested right to hold office for that period, subject to the conditions governing its lawful continuation or premature termination,” the judgement stated.
The bench examined the phrase “appointed under this section” in the amended law. It said the wording could refer to existing judges or to those appointed after the amendment took effect.
The court favoured the interpretation that protected rights already acquired under the previous law. It said courts should adopt that approach when a legal provision allows two reasonable interpretations.
The judgement also stressed the need for legal certainty. People must know which laws apply at a particular time, the bench observed. Uncertainty can make compliance difficult and lead to unfair outcomes.
The court noted that lawmakers generally need to express a clear intention when they want a new law to apply retrospectively.
The bench found that the SHC had failed to consider the effect on existing appointments. Applying the new age limit to those appointments would undermine rights granted under the previous law.
“The interpretation adopted by the High Court, therefore, cannot be sustained,” the judgement said.
The FCC allowed the petition and declared the removal of the petitioner and two other ATC judges unlawful. It ruled that their de-notifications had no legal effect.
The court directed the authorities to treat the petitioner as having remained in office. He can continue as judge of ATC-IV, Karachi, until his two-and-a-half-year term ends, subject to the applicable appointment conditions.
The Sindh Assembly passed the Anti-Terrorism (Sindh Amendment) Act, 2025, on August 8, 2025. The governor assented to it on August 20, and the law took effect immediately.
The amendment transferred federal government powers concerning Anti-Terrorism Courts in Sindh to the provincial government.
It also authorised the relevant provincial department to increase, reduce or abolish the number of ATCs. The department must first obtain the provincial government’s approval.
The FCC’s ruling clarifies that a new age limit does not automatically allow authorities to shorten an existing fixed-term judicial appointment.
[…] FCC Reinstates Karachi Anti-Terrorism Court Judge Removed Under New Age Limit […]