ISLAMABAD:The Supreme Court on Friday issued a circular regarding the judgment of Justice Qazi Faez Isa about suo-motu cases.
The circular which was issued by the registrar office SC Ishrat Ali on the observations of Chief Justice of Pakistan Justice Umar Ata Bandia, said, “The observation made in paras 11 to 22 and 26 to 28 of the majority judgment of two to one travel beyond the list before Court and invokes its suo-motu jurisdiction.
The circular read, “unilateral assumption of judicial power in such a manner violated the rule laid down by a five-member judgment of this court.”
It further said “Such power is to be invoked by the Chief Justice on the recommendation of an Honourable Judge or a learned Bench of the Court on the basis of criteria laid down in Article 184(3) of the Constitution.
The said majority judgment, therefore, disregards binding law laid down by a larger bench of the Court.”
The said majority judgment therefore disregards binding law laid down by a larger bench of the court. Any observations made in the said judgment, inter alia, for the fixation or otherwise of cases is to be disregarded,” it added