The Supreme Court has issued a circular on the decision of Justice Qazi Faez Isa regarding the suo motu notice.
In a circular issued by the Registrar of the Supreme Court, it has been said that the observations on Article 184/3 in the decisions of Justice Faez Isa and Justice Ameen ud Din didn’t come to suo motu notice. It said that the decision of the two-member bench was contrary to the decision of the five-member bench and the decision of the two judges will not be legally applicable.
The court circular states that the decision of two judges is contrary to the decision of the five-member bench, the five-member bench has declared that the power of suo motu notice rests with the Chief Justice.
The circular further states that in the decision of March 15, the bench took suo motu notice, the decision of the two judges is contrary to the law framed by the larger bench. It says that whatever observations were given in the decision of the two-member bench are not applicable, the power of suo motu notice can only be exercised by the Chief Justice of Pakistan and the power of suo motu notice can be exercised only under the procedure of Article 184/3.
A special bench headed by Justice Qazi Faez Isa had ordered adjournment of all cases of Article 184/3 (suo motu) till the rules are framed. It was said in the decision that all cases of Article 184/3 should be postponed until the rules are made.
According to the verdict, the Chief Justice of Pakistan does not have the authority to form a special bench, one judge from different benches was included in the special bench, and the case was fixed for hearing at the end of the judicial time.
Justice Ameen ud din, who was part of the five-member bench of the Supreme Court, refused to hear the case of postponement of elections in two provinces, after which the larger bench broke down.
