ISLAMABAD: Supreme Court (SC) while rejecting decision of 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 five members larger bench.

In circular issued by SC on March 31 it has been said suo motu powers have been used in Justice Faez Isa decision. Taking suo motu notice this way by bench is breach of order issued by five member bench of SC.

Only Chief Justice of Pakistan (CJP) can take suo motu notice. Observation given in decision is rejected. Observation given about article 184/3 in decision of Justice Qazi Faez Isa and Justice Aminud Din Khan does not fall in ambit of suo motu notice.

Decision of two member bench of SC runs contrary to decision of five member bench of SC in suo motu notice case of journalists.

Decision given in case of giving 20 extra marks for Hafiz Quran is beyond petition. It was further said in circular suo motu notice proceedings was conducted in 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 5-member larger bench has made clear powers of Chief Justice of Pakistan on taking suo motu notice.

Registrar SC has been directed to inform respondents of case about circular and it was further said that decision of case for granting 20 extra marks to Hafiz Quran is also dismissed.

Published in The Daily National Courier, April, 01 2023

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