ISLAMABAD – A three-member bench of the Supreme Court of Pakistan has ordered postponement of the hearing of all suo motu cases.
Justice Qazi Faez Isa, Justice Aminuddin Khan and Justice Shahid Waheed issued the ruling with 2-1 majority in a case related to grant of additional 20 marks to Hafiz-e-Quran while admission in MBBS/BDS Degree.
The verdict states that the Constitution and law did not permit the chief justice to constitute special benches, adding that there were rules regarding the petitions filed under Article 184 (3).
It said there were no rules to fix suo motu cases and formation of benches, adding that all important constitutional and suo motu cases should be postponed.
The top court is empowered to make makes rules attending to the aforesaid matters. The Supreme Court comprises of the Chief Justice and all Judges.
“The Constitution does not grant to the Chief Justice unilateral and arbitrary power to decide the above matters. With respect, the Chief Justice cannot substitute his personal wisdom with that of the Constitution. Collective determination by the Chief Justice and the Judges of the Supreme Court can also not be assumed by an individual, albeit the Chief Justice,” reads the ruling.
“The interest of citizens therefore will be best served to postpone the hearing of this case, and of all other cases under article 184(3) of the Constitution, till the matters noted hereinabove are first attended to by making requisite rules in terms of article 191 of the Constitution,” it added.