| Citation(s) |
|---|
| 2023 SLG 3035 2023 SLD 3035 = 2023 PLD 387 |
Present: Qazi Faez Isa, Amin-ud-Din Khan and Shahid Waheed, JJ
Shehzad Atta Elahi, Attorney-General for Pakistan with Raja M. Shafqat Abbasi, D.A.G. on Court Notice. Malik Naeem Iqbal, Advocate Supreme Court (Amicus Curiae) Date of hearing: 15th March, 2023.
Suo Motu Case No. 4 of 2002: In the matter of Suo Motu Case No. 4 of 2002, decided on 29th March, 2023. (Regarding grant of Additional 20 Marks to Hafiz-e-Quran while admission in MBBS/BDS Degree under Regulation 9 (9) of the MBBS and BDS (Admissions, House Job and Internship) Regulations, 2018). Per Qazi Faez Isa, J.; Amin-ud-Din Khan, J. agreeing; Shahid Waheed, J. dissenting. [Majority view]
Law: Supreme Court Rules, 1980
Section: 184(3)
Law: Pakistan Electronic Media Regulatory Authority Rules, 2002
Section: 8(5) , 27 , 19 , 19A
Law: Constitution of Pakistan, 1973
Section: 191
(a) Supreme Court Rules, 1980---
----O. XI & O. XXV---Constitution of Pakistan, Art. 184(3)---Constitution of a 'Special Bench' to hear a suo motu case---Propriety and legality---Supreme Court
Rules, 1980 neither permit nor envisage Special Benches---Constituting a Special Bench provides detractors an opportunity to allege that the bench was tailor-made to give a particular decision---For a decision to be credible, and acceptable, there must be an established adjudication process---When cases are not heard by regular benches and instead by specially constituted benches for no valid reason it undermines the integrity of the system, and may have serious repercussions.
Abul A'la Maudoodi v. Government of West Pakistan PLD