The Supreme Court in a circular on Friday “disregarded” a judgment authored by Justice Qazi Faez Isa ordering the postponement of suo motu cases till amendments are made in the Supreme Court Rules 1980 regarding the discretionary powers of the chief justice to form benches.
In its circular, the Chief Justice of Pakistan (CJP) Umar Ata Bandial noted that the observations made by the majority judgment in paras 11 to 22 and 26 to 28 were beyond the matter fixed before the court and “invokes its suo motu jurisdiction”. The circular noted that the “unilateral assumption of judicial power” in such a manner violated the rule laid down by a five-member judgment.
“Such power is to be invoked by the Chief Justice on the recommendation of an Honourable Judge or a learned Bench of the Court on the basis of criteria laid down in Article 184(3) of the Constitution.
The said majority judgment therefore disregards binding law laid down by a larger bench of the Court,” read the circular.
“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,” concluded the circular.
On Wednesday, a special Supreme Court bench, with a two to one majority, ordered suspending all suo motu cases – under Article 184(3) of the Constitution – until amendments are made to the Supreme Court Rules governing the chief justice’s discretionary powers.
The special bench order came on the suo motu case related to examining the award of additional 20 marks to Hafiz-e-Quran candidates applying for enrollment into an MBBS/BDS degree. Justice Qazi Faez Isa led the bench, which comprised Justice Amin-ud-Din Khan and Justice Shahid Waheed.
CJP Bandial had formed the three-member special bench to hear the case, but Justice Isa objected to the constitution of the bench.
