JUSTICE QAZI FAEZ ISA vs The PRESIDENT OF PAKISTAN O — 2021 PLD 639 SUPREME-COURT

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JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN O. XXVI, R. 1---Constitution of Pakistan, Art. 188---Review jurisdiction of the Supreme Court---Scope---Power of review was limited in scope---Consequently, it must be exercised by all the Judges sitting in the review Bench in such a manner that it did not overstep into the realm of revisiting or re-hearing the original judgment. Citation Name: 2021 PLD 639 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN O.XI & O. XXVI, R. 8---Constitution of Pakistan, Art. 188---Review petitions before the Supreme Court---Constitution of Bench---Numerical strength and composition of the review Bench---Prerogative of the Chief Justice as 'master of the roster'---Scope---Term 'master of roster' could not be understood to mean that the Chief Justice of the Supreme Court had unfettered discretion regarding constitution of Benches---In fact, the discretion vested in the office of the Chief Justice for constitution of Benches was to be exercised in a structured manner according to the Supreme Court Rules, 1980. Citation Name: 2021 PLD 639 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN arts. 184 & 185---Judgment (direction, order or decree) passed by the Supreme Court, unanimously or by majority---Scope---Such judgment became the Order of the Bench and Order of the Court---Majority judgment (Order of the Court) was the judgment of the entire Bench that had heard the original matter. Citation Name: 2021 PLD 639 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN O. XXVI, Rr. 1 & 8---Constitution of Pakistan, Art. 188---Review petitions before the Supreme Court---Judges who rendered the minority view in the judgment under review, powers of---No provision in the Constitution or the Supreme Court Rules, 1980 limited the jurisdiction and judicial power of a minority judge while sitting in review of the Order of the Bench or Order of the Court as against those Judges who had delivered the majority judgment---Any suggestion that the Judges who dissented with the majority judgment ought to show maximum restraint and quietude while sitting on the Bench hearing the review, may give an impression of undermining the judicial independence of other Judges---Grounds for review were limited and applied equally to both the Judges who rendered the majority view and the Judges who rendered the minority view. Citation Name: 2021 PLD 639 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN O. XXVI, R. 8---Constitution of Pakistan, Art. 188---Review petitions before the Supreme Court---Constitution of Bench---Numerical strength and composition of the review Bench---Scope---Review petitions shall be heard by the same Bench that had delivered the judgment or order under review and the 'same Bench' included all the Judges of the Bench, whether in majority or minority (subject to their availability) as the order or judgment of the Court was an order or judgment of all the Judges who were part of the Bench and who had delivered the judgment sought to be reviewed. Citation Name: 2021 PLD 639 SUPREME-COURTBookmark this Case JUSTICE QAZI FAEZ ISA VS The PRESIDENT OF PAKISTAN O.XI & O. XXVI, R. 8---Constitution of Pakistan, Art. 188---Review petitions before the Supreme Court---Constitution of Bench---Numerical strength and composition of the review Bench---Prerogative of the Chief Justice---Scope---Examples of conditions/circumstances affecting the strength of the review Bench that may prevail with the Chief Justice of the Supreme Court listed.

JUSTICE QAZI FAEZ ISA vs The PRESIDENT OF PAKISTAN O — 2021 PLD 639 SUPREME-COURT

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