Law:

Section:

Constitution of Pakistan (1973)--Art. 184(3)---Supreme Court Rules, 1980, O.XXV---Constitutional petition under Art.184(3), Constitution of Pakistan filed at Branch Registry--­Cognizance of such petition by two Judges of the Supreme Court at Branch Registry---Effect---Chief Justice sitting at the Principal Seat ordered_ for sending for the record of the said Constitutional petition for registration of the same and hearing at the Principal Seat as contemplated under O.XXV, Supreme Court Rules, 1980 and also directed in the said order that the orders in the petition passed by the Bench at Branch Registry shall be deemed not to have taken effect for the reason that proper procedure had not been followed---Finally order was passed by the Court that orders passed by the Bench at Branch Registry were not to be given effect to as the matter would be heard at the Principal Seat---Objection raised with regard to the constitution of Bench and the request that the Chief Justice should not sit on the Bench was taken notice of to be decided later at the proper stage. Per Mamoon Kazi J, To avert the situation arising from passing of interim order by two Judges of Supreme Court while sitting at Branch Reqistry holding in abeyance the Notification dated 5-6-1994 of appointment of the Chief Justice, passing of the interim order by the Chief Justice and Judges sitting on the Bench had become necessary as otherwise, this Court could not function without a Chief Justice and all its proceedings, after passing of the said order, would have been rendered coram non judice. But this matter should have been referred to a Full Bench of Supreme Court comprising of all its Judges. Orders of'-Supreme Court are not appealable and only review petition would be maintainable in respect thereof. Therefore, it would have been appropriate to constitute a Bench consisting of all the Judges of the Court. If orders passed by one Bench of Supreme Court are interfered with by another Bench, which does not include all the Judges, the same may result in creating further division among the Judges. Moreover, the same may seriously erode credibility of the decisions given by the apex Court. It is not…

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