SC Circular Disregards Majority Judgment’s Observations to Defer Hearing Under Article 184(3)

Fri Mar 31 2023
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ISLAMABAD: The Supreme Court of Pakistan (SC), in a circular issued on Friday, disregarded the observations made in a majority judgment of a three-member bench of the apex court ordering to defer the hearing of cases under Article 184(3) of the Constitution until the Supreme Court rules are changed.

The circular read: “The observations made in paras 11 to 22 and 26 to 28 of the majority judgment of two to one travel beyond the lis before the Court and invokes its suo motu jurisdiction.”

The circular further stated: “The unilateral assumption of judicial power in such a manner violates the rule laid down by a 5-member judgment of this court”, adding that “The said majority judgment therefore disregards binding law laid down by a larger bench of the Supreme Court.”

“Any observation made in the said judgment, inter alia, for the fixation or otherwise of cases is to be disregarded.”


SC three-member bench’s observations

On Wednesday, a three-member SC bench, headed by Justice Qazi Faez Isa and comprising Justice Aminuddin Khan and Justice Shahid Waheed, in a majority judgment of two to one, deferred the hearing of all the cases under Article 184(3) of the Constitution until the changes are made in the Supreme Court Rules, 1980, regarding the discretionary powers of the chief justice of Pakistan to form benches.

The bench was hearing 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.

Subsequently, on Thursday, Justice Amin, citing the observation made by Justice Qazi on Wednesday, recused himself from a five member larger bench hearing Pakistan Tehreek-e-Insaf’s (PTI) petition against the Election Commission of Pakistan’s decision to delay polls to the Punjab Assembly.

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