ISLAMABAD - The Supreme Court of Pakistan with the majority of 2 to 1 Wednesday 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-member bench of the apex court headed by Justice Qazi Faez Isa, and comprising Justice Amin-ud-Din Khan and Justice Shahid Waheed on March 15 had 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, was authored by Justice Faez, uploaded on the SC website on Wednesday. Justice Amin endorsed Justice Qazi’s views, while Justice Shahid dissented.
The order said that neither the 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 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.
It added that 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.
