SC judges call for postponement of suo motu matters.

ISLAMABAD -- The Constitution does not grant unilateral and arbitrary power to the country's top judge to list cases for hearing, form special benches and select judges, Justice Qazi Faez Isa of the Supreme Court observed on Wednesday.

He proposed that cases under Article 184(3) of the Constitution be postponed until amendments were made to Supreme Court Rules 1980 regarding the chief justice of Pakistan's (CJP) discretionary powers to form benches.

'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.

'Collective determination by the Chief Justice and judges of the Supreme Court can also not be assumed by an individual, albeit the Chief Justice,' he said.

Justice Isa was heading a three-judge special bench, which was formed by CJP Bandial, to hear a suo motu case related to the award of an additional 20 marks to candidates for memorising the Holy Quran by heart to get an MBBS or BDS degree.

Say CJP doesn't have arbitrary power to form special benches

'It would be in the best interest of citizens if the hearing in the present case is postponed 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,' Justice Isa wrote.

The other two judges on the bench were Justice Aminuddin Khan and Justice Shahid Waheed. However, Justice Waheed disagreed with the judgement and will write a separate dissenting note.

During the last hearing on March 15, Justice Isa questioned the constitution of the special bench to hear the matter.

Referring to Article 184(3), Justice Isa explained in the latest verdict that there were three categories of cases. First, when a formal application seeking...