2023 PLD 387 SUPREME-COURT

Case information

Citation: 2023 PLD 387 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLD

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

VS O.XI---Constitution of Pakistan, Arts. 175(1), 175(2) & 191---Constitution of 'Special Bench' to hear a case---Constitutionality---Powers of the Chief Justice and Registrar, Supreme Court---Scope---Neither the Constitution nor the Supreme Court Rules, 1980 grant to the Chief Justice (or to the Registrar) the power to make special benches, select Judges who will be on these benches and decide the cases which they will hear - Furthermore, there is also no additional, incidental, ancillary, or residual power with the Chief Justice which could be used to do this---When benches are tailored and Judges of a particular understanding or inclination are placed together to hear a particular case, then doubts, suspicion, and misgivings arise---Decision from an adjudicatory process, which is perceived to be structured to obtain a particular decision, invariably results in severe criticism---Such matter assumes criticality when objections taken on the constitution of Special Benches, and requests made for hearing by the Full Court, are not attended to, and no order disposing of such objections and requests is passed.

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