ISLAMABAD - 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”.
Interestingly, the Supreme Court issued the circular hours before a four-member bench was to start hearing the Punjab and Khyber Pakhtunkhwa election delay case.
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.