ISLAMABAD: The Supreme Court of Pakistan on Friday disregarded its 2-judges order wherein it is held that hearing of all cases under Article 184 (3) be postponed until amendments in Supreme Court Rules 1980 on CJP discretionary powers. The Registrar5 of Supreme Court said that order violates rules laid by 5 member larger bench.
Justice Faez Isa led 3 judges bench on March 29 had issued a written order in a suo-motu case with regard to the grant of extra 20 marks to the Hafiz-e- Quran medical students while admitting them for an MBBS/BDS degree, adjourning all cases of article 184/3 of the constitution till the formation of rules under article 191. The order said that the “chief justice has no powers to form a special bench”, also adding that the top court had the power to prepare its own rules.
The Registrar Supreme Court on Friday issued a circular saying “The observations made in pass 11 to 22 and 26 to 28 of the majority judgment of two to one travel beyond the lis before the Court and invokes its suo motu jurisdiction.”
The circular further reads “The unilateral assumption of judicial power in such a manner violates the rule laid down by a 5 Member judgment of this Court reported as Enforcement of Fundamental Rights with regard to Independence of Press/Media PLD 2022 SC 306). Such power is to be invoked by the Chief Justice on the recommendation of an honorable Judge or a learned Bench of the Court on the basis of criteria laid down in Article 184(3) of the Constitution.”
It says “the said majority judgment therefore disregards binding law laid down by a larger bench of the Court. Any observation made in the said judgment, Inter alia, for the fixation or otherwise of cases is to be disregarded. Accordingly, a circular be issued by the Registrar stating the foregoing legal position for the information of all concerned.”
