ISLAMABAD - Supreme Court of Pakistan Justice Qazi Faez Isa Wednesday questioned that why the special benches, and not the full court, are constituted for hearing matter under Article 184(3) of Constitution, while such matter could be heard by a regular bench. A three-member bench of the apex court headed by Justice Qazi Faez Isa, and comprising Justice Amin-ud-Din Khan and Justice Shahid Waheed conducted hearing of a suo moto case related to examining the grant of 20 additional marks to a Hafiz-e-Quran student while admitting them for an MBBS/BDS degree.
Justice Faez questioned why it took 14 months to reach this case to the Supreme Court. He said that the members of bench, who are now hearing the suo moto, earlier in the day had heard cases in various benches. Justice Faez said he heard the case in the regular bench, which comprised three members, while this special bench was also consisted of three members.
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The judge asked from Attorney General for Pakistan (AGP), do you have any answer from where the concept of constituting the special bench has come. Does the Supreme Court Rules, 1980, allow it. AGP Shehzad Ata Elahi replied; “I was asked to assist the court in this case.” He said that if the Court issues him notice then he would assist the bench regarding the matter. Afnan Kundi, who was representing the PMDC, stated that it had been a practice that chief justices of the High Courts or Supreme Courts constitute the special benches. Justice Faez said the special bench create doubts in the mind of the litigants. The person who is seeking 20 marks for admission in medical colleges would think why so and so judge is included in the special bench.
He also said that Parliamentarians are accountable, and they (MPs) are held accountable by the Supreme Court or the electors. If they would not perform or do something wrong, then the people would not elect them in the next elections. “We (judges of SC/HCs) are completely unaccountable,” Justice Faez said.
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