ISLAMABAD: Senior Supreme Court Justice Qazi Faez Isa said wrong decision is wrong even if majority endorses it. “Two wrongs don’t make right,” he quipped.  Justice Isa was speaking at ceremony held here to celebrate golden jubilee of 1973 Constitution. Theme was ‘Pakistan’s Constitution as Symbol of National Unity’.  

In possible reference to ongoing constitutional tussle regarding formation of bench on holding elections, he said, “If decision is wrong, it will remain wrong even if majority endorses it. Lie cannot be turned into truth by number game,” he observed.  Justice Isa said word 184 (3) had been used in Constitution and not suo motu. “This Article 184(3) empowers Supreme Court with conditions to do something for implementation of fundamental rights. This Article secures those who cannot afford to hire services of lawyer.

This Article has been used extensively in Pakistan, sometimes in good faith and sometimes bad.”  He said 184(3) could not be used to benefit an individual. “This Article should be used in public interest. Extreme care should be taken while using this Article,” justice declared. “In my opinion, authority to invoke 184(3) rests with Supreme Court. My friends are of opinion that Chief Justice has authority to take suo motu notice.

There is also an opinion that if 184(3) is invoked, all judges of Supreme Court should hear it. Tell me under which Article, I will be corrected and I will follow your theory,” Justice Isa observed.

Published in The Daily National Courier, April, 20 2023

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