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