ISLAMABAD: The Registrar Supreme Court disregarded the judgment of Justice Qazi Faez Isa and Justice Aminuddin Khan on suo motu power exercised by the chief justice of Pakistan.
Registrar Ishrat Ali on Friday issued a circular, which stated the judgment violated the rules laid down by a five-judge larger bench judgment reported as “Enforcement of Fundamental Rights with regard to Independence of Press/ Media (PLD 2022 SC 306).”
It further states; “observations made in paras 11 to 22 and 26 to 28 of the majority judgement of two to one travel beyond the lis before the Court and invokes its suo motu jurisdiction”.
SC defers all Article 184 (3) cases till changes in rules
It continued that the “unilateral assumption of a judicial power in such a manner violates the rule laid down by a five-member judgement of this Court reported as Enforcement of Fundamental Rights with regard to Independence of Press/ Media”.
“Such power is to be invoked by the Chief Justice on the recommendation of an honourable judge or learned bench of the Court based on the criteria laid down in Article 184(3) of the Constitution”.
Article 184(3) of the Constitution of Pakistan gives the Supreme Court the extraordinary power to assume jurisdiction over any “question of public importance with reference to the enforcement of any … Fundamental Rights”.
The circular stated that “the said majority judgement, therefore, disregards binding law laid down by a larger bench of the Court”.
“Any observation made in the said judgement, inter alia, for the fixation or otherwise of cases is to be disregarded,” it concluded, adding that the circular was issued by the Registrar stating the foregoing legal position for the information of all concerned.”
A three-judge bench, headed by Justice Qazi Faez Isa and comprising Justice Aminuddin Khan and Justice Shahid Waheed on March 29 with the majority of 2 to 1 issued the judgment. Justice Shahid wrote a dissenting note.
The judgment said that all cases that various Supreme Court benches were hearing under Article 184 (3) of the Constitution be postponed until amendments are made in the Supreme Court Rules 1980 regarding the discretionary powers of the CJP.
Copyright Business Recorder, 2023
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