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ISLAMABAD: The Supreme Court of Pakistan with a majority of two to one said that hearing of all the cases under Article 184(3) of the Constitution be deferred until the changes are made in the Supreme Court Rules, 1980, regarding the discretionary powers of the chief justice of Pakistan to form benches.

A three-judge bench, headed by Justice Qazi Faez Isa, and comprising Justice Aminuddin Khan and Justice Shahid Waheed on March 15 heard a suo motu case related to examining the grant of 20 additional marks to a Hafiz-e-Quran student while admitting them for an MBBS/ BDS degree.

The order of the case, authored by Justice Faez, was uploaded on the SC’s website on Wednesday. Justice Amin endorsed Justice Qazi’s views, while Justice Shahid dissented.

20 extra marks for Hafiz-e-Quran: SC to hear suo motu case on 15th

The order said neither Constitution nor the rules give CJP the power to make special benches or select judges who will be on these benches. “The rules do not grant any power to Registrar or to the Chief Justice to change the judge or judges on the Bench or to reduce their number,” said the order.

The order said the matter be postponed until the framing of SC’s rules. With regard to article 184 (3) of the Constitution, the order said that there are three categories of cases: “Firstly, when a formal application seeking enforcement of Fundamental Rights is filed; secondly, when (suo motu) notice is taken by the Supreme Court or its Judges, and, thirdly cases of immense constitutional importance and significance (which may also be those in the first and second category). Order XXV of the Rules only attends to the first category of cases. There is no procedure prescribed for the second and third category of cases.

It said that the situation is exacerbated as there is no appeal against a decision under Article 184(3) of the Constitution. “The Rules also do not provide how to attend to the following matters: (a) how such cases be listed for hearing, (b) how bench/ benches to hear such cases be constituted and (c) how judges hearing them are selected.”

The majority order also said that the top court rules also do not provide how cases be listed for hearing, how bench/ benches to hear such cases be constituted and how judges hearing them are selected.

Copyright Business Recorder, 2023

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UF Mar 30, 2023 10:26am
Running cases should not be deferred as it only creates delay in system while too many cases are already in line-up. If anyone will have issue with the current proceeding, he can file appeal in that particular case once the changes in rules are approved. Cases of Fundamental Rights should not be delayed & resolved on most urgent basis as it pertains to either whole nation or a majority of people.
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Sami khan Mar 30, 2023 03:10pm
Before the tsunami of suo Moto tsunami by a single entity wreaks more havoc on the law of the land and increases chaotic atmosphere created by supreme court's unwarranted indulgence in the matters of executive, article 184 (3) should be held in abeyance forthwith untill parliament deems fit to repeal it or change it. Article 184(3) of late has turned the chief justices into soft dictators, who inlovles themselves in executives business but are unable to set their own house in order(judicial reforms are much needed now then before)
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Ahmed Mar 31, 2023 08:58am
Appearantly two out of three judges exceeded their limits offenced rules of SC and paved foundation for unconstitutional acts continuing on the country , seems motivated by external elements and public their differences with their head.
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