CJP 'disregards' order issued by Justices Isa, Aminuddin calling for postponement of suo motu matters.

Chief Justice of Pakistan (CJP) Umar Ata Bandial on Friday 'disregarded' a judgement issued by Justice Qazi Faez Isa and Justice Aminuddin Khan of the Supreme Court, in which they had called for the postponement of suo motu matters until amendments were made to Supreme Court Rules 1980 regarding the country's top judge's discretionary powers to form benches.

In a judgement issued earlier this week, Justice Isa and Justice Khan held that the Constitution did not grant unilateral and arbitrary power to the chief justice of Pakistan (CJP) to list cases for hearing, form special benches and select judges.

'With respect, the chief justice cannot substitute his personal wisdom with that of the Constitution,' Justice Isa said in his remarks, part of a 12-page judgement he authored.

Justice Isa proposed that cases under Article 184(3) of the Constitution be postponed until amendments were made to Supreme Court Rules 1980 regarding the CJP's discretionary powers to form benches. Justice Shahid Waheed, the bench's third member, dissented with the view.

The order was passed for a suo motu case about the 2018 regulation of the Pakistan Medical and Dental Council (PMDC) that suggested an award of 20 additional marks to candidates for memorising the Holy Quran by heart to get MBBS or BDS degrees.

In a circular issued by SC Registrar Ishrat Ali today, a copy of which is available with Dawn.com, the CJP said that the observations made by Justice Isa and Justice Khan in paragraphs 11 to 22 and 26 to 28 of the judgement 'travel beyond the lis before the court and invokes its suo motu jurisdiction'.

He observed that the 'unilateral assumption of judicial power in such a manner' was a violation of rules laid down by a five-member judge reported as the 'Enforcement of Fundamental Rights with regard to Independence of Press/Media (PLD 2022 SC 306)'.

'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,' Justice Bandial said in the circular.

He added that any observation made in the judgement issued by Justice Isa and Justice Khan for the fixation or otherwise of cases should also be disregarded.

'Accordingly, a circular be issued by the Registrar stating the foregoing legal position for the information of all...

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