Law: Supreme Court Rules, 1980

Section: O.XI,O.XXVI,R.8

(a) Supreme Court Rules, 1980--- ----O. XI---Constitution of Benches---Request by litigant/lawyer for constitution of a larger Bench---Chief Justice of the Supreme Court, powers of---Scope---Constitution of larger Bench was covered by O.XI of the Supreme Court Rules, 1980 which clearly provided that the constitution of Benches was the domain of the Chief Justice and no litigant or lawyer could be permitted to ask that his case be heard by a Bench of his choice. (In re: M.A. No.657 of 1996 in Reference No.1 and 2 of 1996 (PLD 1997 SC 80) ref. (b) Supreme Court Rules, 1980--- ----O. XXVI, R. 8---Review of Supreme Court ---Constitution of Bench---Scope---Rule 8 of O.XXVI of Supreme Court Rules, 1980 stated that "as far as practicable the application for review shall be posted before the same Bench that delivered the or order sought to be reviewed"---Said Rule meant that the same Bench that delivered the needed to hear the matter, but subject to the availability and practicability of the Bench---Review petition needed to be assigned by the Chief justice or the office at least before a Bench of which the author Judge was a Member. Federation of Pakistan v. Muhammad Shahbaz Sharif PLD 2009 SC 391 and Government of Punjab v. Aamir Zahoor-ul-Haq PLD 2016 SC 421 ref. THIS ORDER PASSED BY: AMIR HANI MUSLIM, JUSTICE:---.--- C.M.A. 204/2017 in C.R.P. 474/2016 in Const. P.3/2014 Syed Iftikhar Hussain Gillani learned Sr. ASC has, inter alia contended that if the impugned judgment remains in the field, no Superior Court including this Court, would be able to dispense justice without fear and anxiety. He next contended that the superior judiciary has a special place and immunity under the Constitution of Pakistan and the judiciary is protected from ridicule even in the Parliament of Pakistan but the impugned judgment is being used to malign the Hon'ble Judges at various forums and that the two judgments i.e Muhammad Iqbal and others v. Lahore High Court (2010 SCMR 632) and Asif Saeed v. Registrar Lahore High Court (PLD 1999 Lah. 350), were wrongly overruled by holding them to be per incuriam. He prays for the constitution of a larger Bench to examine the points raised by him.…

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