Supreme court circular scraps verdict of Qazi Faez Isa bench about suo moto cases
ISLAMABAD: Supreme Court of Pakistan today issued a circular wherein it dismissed the verdict of Justice Qazi Faez Isa.
Justice Isa, who was heading a three-member special bench, suspended all suo moto notices and hearings on Thursday. The three-member bench gave the verdict with 2-1 majority as Justice Aminuddin Khan also endorsed the suspension of suo moto notices and hearings.
However, as a rejoinder, the Supreme Court issued a circular on Friday, saying the decision of Qazi Faez Isa bench could not curb the suo moto powers of the chief justice.
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.
SC four-member dissolved again
Meanwhile, The Supreme Court’s bench hearing delay in elections in Punjab and KP, dissolved again on Friday after Justice Jamal Khan Mandokhail recused to be part of the bench.
On Thursday, Justice Aminuddin Khan recused to sit in the five-member bench, citing verdict of SC’s bench led by Justice Qazi Faez Isa which suspended suo moto hearing of the case.
On Friday, the chief justice formed a four-member bench, but it dissolved again when Justice Jamal Khan Mandokhail also recused himself from hearing the case.
The SC bench started with 9-members and with the passage of time, it reduced to three because of differences amongst judges over the suo moto case.
On Thursday, the five-member bench of the Supreme Court dissolved when a judge, Justice Aminuddin Khan recused himself from sitting in the bench.
He said that he has given his viewpoint on Wednesday and he don’t want to be part of the bench anymore. Justice Aminuddin Khan was the part of three-member special bench of the SC hearing a case. He was also included in the five-member larger bench of the court hearing delay in elections in Punjab and KP.
Therefore, chief justice of Pakistan is expected to reconstitute the SC bench to resume hearing of the case.
On Wednesday, two judges of the Supreme Court _ Justice Qazi Faez Isa and Justice Aminuddin Khan issued an order wherein they suspended all the ongoing suo moto cases hearing and those in the special benches.
In their written order, both judges said that the suo moto case hearing cannot be conducted as long as the laws are changed. Both the judges were part of a special three-member bench of the apex court.
Meanwhile, during Wednesday’s hearing, once again the confusion prevailed in the Supreme Court’s decision about elections in Punjab and KP within 90 days.
Justice Mandokhail again pointed out during the hearing that the SC’s decision of elections lacked the required majority of judges. Justice Mandokhel said that the apex court and the President Dr Alvi were not supposed to issue orders to hold elections in Punjab and Khyber Pakhtunkhwa.