ISLAMABAD, March 31 (Online): Supreme Court (SC) while rejecting decision of a 3-member bench of apex court presided over by Justice Qazi Faez Isa related to cases under article 184/3 has declared it contrary to unanimous decision of a five members larger bench.
In a circular issued by SC on Friday March 31 it has been said suo motu powers have been used in Justice Faez Isa decision. Taking suo motu notice this way by the bench is breach of the order issued by five member’s bench of SC.
Only Chief Justice of Pakistan (CJP) can take suo motu notice. The observation given in the decision is rejected. Observation given about article 184/3 in the decision of Justice Qazi Faez Isa and Justice Aminud Din Khan does not fall in the ambit of suo motu notice.
The decision of two members bench of SC runs contrary to the decision of five members bench of SC in suo motu notice case of journalists.
The decision given in the case of giving 20 extra marks for Hafiz Quran is beyond the petition.
It was further said in the circular suo motu notice proceedings was conducted in the case of granting 20 extra marks to Hafiz Quran which is illegal.
Justice Qazi Faez Isa and Justice Amin ud Din decision has been given with 2-1.
According to circular a 5-member larger bench has made clear powers of Chief Justice of Pakistan (CJP) on taking suo motu notice.
The registrar SC has been directed to inform the respondents of case about the circular and it was further said that the decision of case for granting 20 extra marks to Hafiz Quran is also dismissed.
One page aforementioned circular has been issued with the signatures of registrar SC Ishrat Ali.
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