2023 PLD 387 SUPREME-COURT

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VS arts. 184(3) & 191---Supreme Court Rules, 1980, O.XI & O.XXV---Cases heard by the Supreme Court under art. 184(3) of the Constitution---Procedure for listing of case, constitution of bench and selection of judges---Postponement of all cases under art. 184(3) of the Constitution till making of requisite rules in terms of article 191 of the Constitution---With regard to article 184(3) of the Constitution there are three categories of cases---Firstly, when a formal application seeking enforcement of Fundamental Rights is filed---Secondly, when (suo motu) notice is taken by the Supreme Court or its Judges, and, thirdly cases of immense constitutional importance and significance (which may also be those in the first and second category)---Order XXV of the Supreme Court Rules, 1980 only attends to the first category of cases, and there is no procedure prescribed for the second and third category of cases---Said situation is exacerbated as there is no appeal against a decision under article 184(3) of the Constitution---Supreme Court Rules, 1980 also do not provide how to attend to the following matters: (i) how such cases be listed for hearing, (ii) how bench/benches to hear such cases be constituted and (iii) how Judges hearing them are selected---Supreme Court is empowered to make rules attending to the said matters---However, the Constitution does not grant to the Chief Justice unilateral and arbitrary power to decide the said matters, since the Supreme Court comprises of the Chief Justice and all Judges---Chief Justice cannot substitute his personal wisdom with that of the Constitution---Collective determination by the Chief Justice and the Judges of the Supreme Court can also not be assumed by an individual, albeit the Chief Justice---Supreme Court observed that the interest of citizens therefore will be best served to postpone the hearing of all cases under article 184(3) of the Constitution, till the matters noted in the present judgment are first attended to by making requisite rules in terms of article 191 of the Constitution.

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