The Supreme Court of Pakistan has issued a circular on the judgment of Justice Qazi Faizaisa case, in which it has been stated that this judgment is not legally applicable.
According to the circular, the observation on Article 184/3 in the judgment of Justice Qazi Faiz Isa and Justice Amin comes to notice.
The circular of the Supreme Court states that the decision of the 2-member bench is contrary to the decision of the 5-member bench of the automatic notice related to journalists.
In the circular, the Supreme Court has said that the decision of 2 judges will not be legally applicable, the decision of 2 judges is contrary to the decision of the 5 member bench.
In the circular of the court, it is said that the 5-member bench has declared that the power of automatic notice rests with the Chief Justice.
In the March 15 judgment, the bench took suo motu notice, the law laid down by the larger bench is contrary to the 2-judge decision, the circular said.
The Supreme Court has said in the circular that whatever observations were made in the decision of the 2-member bench are not actionable, only the Chief Justice of Pakistan can exercise the power of self-notice.
The Supreme Court in the circular says that the power of self-notice can be exercised only under the procedure of Article 184/3, the decision of Justice Qazi Faiz Isa and Justice Aminuddin Khan is not applicable to other benches.
In the circular, it is said that in the case of awarding 20 additional marks to Hafiz-e-Qur’an, the decision was given against the application.
The circular of the Supreme Court further states that the decision of Justice Qazi Faiz Isa and Justice Aminuddin is in the ratio of two to one.
The Supreme Court has directed in the circular that the registrar should inform the parties of the case regarding the Supreme Court circular.
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