Law: Constitution of Pakistan, 1973

Section: 4,10A,178,191

Supreme Court Rules, 1980--- ----O. XI O. XIX---Constitution of Pakistan, Arts. 4, 10A, 178 191---Code of Conduct for Judges of the Supreme Court and High Courts, Arts. I, IV IX---Supreme Court---Constitution of Benches and fixation of cases---Chief Justice and Registrar of the Supreme Court, powers of---No provision of the Constitution grants any power to the Registrar or the Chief Justice of the Supreme Court with regard to the constitution of Benches and fixing of cases---Supreme Court Rules, 1980 do not grant any power to the Registrar or to the Chief Justice to change the judge or judges on a Bench or to reduce their number---Giving preference to some cases over others and/or fixing cases out of turn and doing so without justification may demonstrate affection/ favour to one party and ill-will to others---Maintenance of the rule of law, transparency and fairness in the constitution of Benches and fixation of cases must be established to retain the independence, integrity and prestige of the Supreme Court. Order XI of the Supreme Court Rules, 1980 stipulates that every case shall be heard by Judges to be nominated by the Chief Justice and enables the Chief Justice to refer any case to a larger Bench and if in any case the Judges are equally divided in opinion then to place the case for hearing either before another Judge or before a larger Bench to be nominated by the Chief Justice. This is the extent to which the Rules provide for the nomination of Judges on the Bench. The Rules do not grant any power to the Registrar or to the Chief Justice to change the judge or judges on a Bench or to reduce their number. To arbitrarily reconstitute Benches undermines the integrity of the system, and may have serious repercussions. Neither Article 191 of the Constitution nor any other provision of the Constitution grants any power to the Registrar or the Chief Justice with regard to the constitution of Benches and fixing of cases. Fair trial and due process mandated by the Constitution excludes arbitrariness and the exercise of unstructured discretion. Human Rights Case No. 14959-K of 2018; Feroze Khan v. Ghulam Nabi Khan PLD 1966 SC 424; Aman Ullah Khan v. The Federal…

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