October 23, 2026

FCC overturns removal of Sindh ATC judges

The federal Constitutional Court has declared invalid the Sindh government’s notification removing three anti-terrorism court (ATC) judges from office, allowing an appeal filed by Muhammad Yamin and setting aside a Sindh High Court ruling that had upheld the provincial government’s decision.

Justice Muhammad Karim Agha issued the written verdict, annulling the Sindh High Court’s December 22, 2025, judgement. 

According to the ruling, the upper age limit of 65 years introduced through amendments to the Anti-Terrorism Act does not apply to judges appointed for fixed terms before the changes came into effect. 

The court observed that a right lawfully acquired under existing legislation could not be withdrawn without an explicit legal provision. 

It ruled that judges appointed before the amendment were entitled to remain in office until the completion of their respective terms, holding that the Sindh Anti-Terrorism Amendment Act 2025 could not be applied retrospectively. 

Under the verdict, petitioner Muhammad Yamin will be allowed to complete his two-and-a-half-year tenure as a judge of Anti-Terrorism Court-IV in Karachi.

Yamin was appointed to the post on September 19, 2024, for a two-and-a-half-year term under the Anti-Terrorism Act 1997. He was approximately 70 years old at the time of his appointment, but the law then in force did not prescribe an upper age limit for ATC judges.

The Sindh Anti-Terrorism Amendment Act 2025 subsequently introduced a maximum age limit of 65 years for the appointment and continuation of judges in office.

Following the amendment, the provincial government issued a notification removing three ATC judges, including Yamin, from their positions with immediate effect.

The Sindh High Court had upheld the government’s decision. However, the Federal Constitutional Court allowed Yamin’s appeal, declaring both the high court’s judgment and the provincial government’s removal notification invalid.

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