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Special bench orders putting off all Supreme Court suo motu cases


Jul 29, 2022
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"The Constitution does not grant the Chief Justice unilateral and arbitrary power," order says​

ISLAMABAD: A Supreme Court special bench — with two to one majority — Wednesday ordered putting off all ongoing suo motu cases under Article 184(3) of the Constitution until the amendments are made to the top court's rules which oversee the chief justice's powers.

The special bench order came on the suo motu case related to examining the grant of 20 additional marks to a Hafiz-e-Quran student while admitting them for an MBBS/BDS degree. Justice Qazi Faez Isa led the bench, which comprised Justice Amin-ud-Din Khan and Justice Shahid Waheed.

Chief Justice of Pakistan (CJP) Umar Ata Bandial had formed the three-member special bench to hear the case, but Justice Isa objected to the constitution of the bench.

Justice Waheed — who also wrote a dissenting note against the order — raised objections and said that "the points raised and discussed in the order were not subject to the case".

The order, penned by Justice Isa, mentioned: "The Supreme Court Rules, 1980 (the Rules) neither permit nor envisage special benches. However, a Special Bench comprising of three Judges’ was constituted to hear this case."

Regarding Article 184(3) of the Constitution, the order said there are three categories of cases.

  • When a formal application seeking enforcement of fundamental rights is filed;
  • When suo motu notice is taken by the Supreme Court or its judges; and
  • Cases of immense constitutional importance and significance (which may also be those in the first and second category).
"Order XXV of the Rules only attends to the first category of cases. There is no procedure prescribed for the second and third category of cases. The situation is exacerbated as there is no appeal against a decision under Article 184(3) of the Constitution," the order mentioned.

The order said rules also do not provide how to attend to the following matters:

  • How such cases be listed for hearing;
  • How bench/benches to hear such cases be constituted; and
  • How judges hearing them are selected.
  • The majority order further said the Supreme Court comprises the CJP and all judges.
"The Constitution does not grant the Chief Justice unilateral and arbitrary power to decide the above matters. With respect, the Chief Justice cannot substitute his personal wisdom with that of the Constitution," the order stated.

Collective determination by the chief justice and the judges of the Supreme Court can also not be assumed by an individual, albeit the chief justice, the order said.

"The interest of citizens therefore will be best served to postpone the hearing of this case, 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."

Meanwhile, in a bid to bolster checks and balances in the higher judiciary, the National Assembly passed the Supreme Court (Practice and Procedure) Bill, 2023, tabled to limit Pakistan's top judge's discretionary powers to take suo motu notice.

The bill was passed hours after National Assembly Standing Committee on Law and Justice gave its consent.

The bill was moved by the government after two Supreme Court judges — Justice Syed Mansoor Ali Shah and Justice Jamal Khan Mandokhail — raised questions over the powers of the CJP, saying the apex court “cannot be dependent on the solitary decision of one man, the Chief Justice”.


Now, efforts will be made to give the appearance that the March 1 order resulting from the suo moto and the current petition by PTI are one and this will also be shut down.
Supreme court and it's judge is supreme


"Special bench" , special chapli kabab , special biryani is just that mirch masala

Judge Azadpakistan2009 verdict

A temporary , government "only" can arrange for elections
They have 0 other authority to do anything else and it must be in 90 days

They have no authority to make any amendments the moment
country's 2 major provinces dissolved assembly
  • Will of people of Punjab is not represented in Parliament
  • Will of people of KPK is not represented in Parliament

Therefore no amendments to Law can be made till elections are done and new government comes to power

The moment 2 province's provincial assemblies dissolved , the status of Government is reduced to temporary government - Remember this folks
Army have shown it's all cards
Now they're empty handed

Now Wait for CJP's turn and then are lawyers then PTI and then there's public
PTI is on defense as govt is looking for excuses. They've issued non-bailable for IK again.
It's on Lawyers, who've been suspiciously silent.
Don't count on CJP. Itni effeminate banda he. Wish saqib nisar was around.
Army have shown it's all cards
Now they're empty handed

Now Wait for CJP's turn and then are lawyers then PTI and then there's public
I have heard that CJP is planning to resign.

I am happy with what's happening to Justice Bandial and Justice Ahsan. Both were part of the bench that interfered in Parliament's affairs last year and installed snakes. You give water to a snake, it won't stop it from biting you.

Happy with what's happening.. Nazaria zaroorat ko allow kia tha uss time.. They asked EC to tell the bench whether it is ready to conduct the elections. EC said no that time and they gave the verdict in favor of crooks. They didn't even ask the a$$holes sitting in EC that they had only one task.. to conduct free and fair elections whenever required..

Why are they questioning EC when last year they allowed EC to give them a reason to not hold elections? Why didn't they rule that time that SC couldn't challenge parliament's ruling?

Sahi ho raha hai dono judges ke saath Zaleel hokay niklain I don't care. Nizaam tou waisay hi nanga hai
How can a judge stop hearing a case on the basis of a law that is being discussed in parliament.

You follow the rules that are currently in place, not those which 'would' be in place in the future.

Even Aitzaz Ahsan said so.
Just shows you how much of the judiciary is controlled by PMLN or at least biased in their favor. When PTI was in power, these judges had no problem operating at midnight, weekends, and every law passed by PTI sounded like a violation of the constitution.

They would call Imran to court, criticize him. Yet next to Sharif family, their heads do not dare to look up. Not surprising, many judges were installed by these families and it's only natural for them to return the favor.

Sindh courts deliver for Zardari, Punjab courts deliver for Sharif. Any judgements against the families comes only due to establishment pressure.

I disagree with Imran on a lot of things, but none more than his naive reliance on judiciary. It's foolish to expect them to deliver justice.

If Imran does return to power, he must do house cleaning. He should remove ALL OLD judges, bureaucrats, police officers and replace them with young new faces. You can't have Naya Pakistan with the boomer faces of Purana Pakistan just as you can't expect a leopard to change its spots.

He made this mistake last time he was in power and the bureacrats sabotaged governance, police failed to punish corrupt, and judges were itching to stop PTI. Replacing the old faces will get rid of corruption and it will reduce unemployment among youth. It's like killing two birds with one stone.
خدا مرنے کے بعد پاکستانیوں کو جہنم نہیں بھیجے گا کیونکہ وہ ابھی ایک جہنم میں ہیں جسے پاکستان کہا جاتا ہے
How can we be in hell. Even shaitan doesn't visit Pakistan as we Pakistanis can teach him a thing or two
Justice Faiz Isa will be remembered with Justice Munir in history though we all know he doesn't care.
Kya Chut**pa hai yaar.
What the f*** is this. Is this a country?.
Every institution is hell bent on keeping a political party as far away from power as possible. Bending laws. A party holding popular vote. A party holding votes across all parts of Country.

These mofos cannot even stay neutral.
Whole State is a fu***** joke.
Lanat hai in sab Institutions per. Supreme court have to prove itself and guardian of the constitution.
If Supreme court somehow is unable to conduct elections. Then they will be pushing PTI to the wall leaving no choice but civil unrest.

These assh**** dont understand that a political party is not like an on off switch thay IK can simply turn PTI off under pressure.

I still have hope unlike other members of the forum. But sadly after every developement, it seems they pessimists are right.
This whole STATE is rotten. All these 50+ generation needs to be forefully retired from every post of every institution.

Finally lion is coming back whole law is changed to bring him back. So Pakistan future is destructive and neutral are enjoying corruption. Any thing is possible in Pakistan, If pablo escobar was in pakistan he would be king in this shit country.

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