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SC defers hearing of suo motu cases, constitutional petitions

SC, suo motu cases, constitutional petitions, Justice Qazi Faez Isa

ISLAMABAD: The Supreme Court (SC) has deferred the hearing of suo motu cases and other constitutional petitions under Article 184(3) till the formulation of rules, ARY News reported on Wednesday.

Justice Qazi Faez Isa-led three-member bench of the Supreme Court gave its ruling in a suo motu case related to awarding 20 additional marks to the Hafiz-e-Quran students for medical admission.

As per the 9-page ruling written by Justice Qazi Faez Isa, the hearing of all cases under Article 184(3) was deferred until the formulation of rules by the parliament.

He stated in the ruling that the Constitution and rules barred the Chief Justice of Pakistan (CJP) from constituting a special bench.

READ: NA PASSES JUDICIAL REFORMS BILL TO CLIP CJP’S SUO MOTU POWERS

It added that the rules are present for hearing the petitions under Article 184(3), whereas, regulations were not present for fixing the suo motu cases and constitution of benches.

The judges in the SC bench decided to postpone the hearings of suo motu cases and constitutional petitions. The ruling was given on 2-1 ratio by the judges in the SC bench, whereas, Justice Shahid Waheed opposed the decision.

Supreme Court Practice and Procedure Bill 2023

Earlier in the day, the National Assembly Wednesday approved the Supreme Court (Practice and Procedure) Bill 2023, which aims to curtail the suo motu powers of the Chief Justice of Pakistan.

READ: SCBA PRESIDENT SAYS WILL NOT ALLOW CURTAILING JUDICIARY’S POWER

The bill was presented by Federal Minister for Law and Justice Azam Nazeer Tarar.

Earlier, the National Assembly’s standing committee for law and justice on Wednesday approved the Supreme Court (Practice and Procedure) Bill, 2023, with an amendment.

Under the new legislation, the decision for suo motu notice will be taken by three senior judges of the Supreme Court (SC).

Moreover, the bill also includes a clause regarding the right to appeal against the decision, which could be filed within 30 days and will then be fixed for a hearing in two weeks’ time.

It added that the party will be allowed to change its lawyer in a suo motu case. Under Article 184, the matter will be presented before a judges committee. The committee will review the case and later it will form a five-member committee for any kind of constitutional interpretation.

The act will be taken into effect on all verdicts of the high courts and the Supreme Court (SC).



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