SUPREME COURT BAR ASSOCIATION OF PAKISTAN vs FEDERATION OF PAKISTAN through Secretary Ministry of Interior, Is

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SUPREME COURT BAR ASSOCIATION OF PAKISTAN VS FEDERATION OF PAKISTAN through Secretary Ministry of Interior, Islamabad O. XXVI, R. 8---Constitution of Pakistan, Art. 188---Review petition before the Supreme Court---Author Judge of the main judgment under review---Objection that the author Judge of the main judgment under review was not part of the present Bench hearing the review petition---Held, that the present five-member Bench as it was originally constituted included the author Judge but he had expressed his inability to be part of it as was recorded in the order dated 30 September 2024---To ensure said Judge's presence on the Bench an attempt was made to formally request him to attend the Court but he declined by another letter of the same day, that is, 30 September 2024 and maintained his earlier position---Thereafter, the Chief Justice of Pakistan proposed the name of the Senior Puisne Judge to be on the Bench however, he too did not want to be part of the Bench, therefore, another Judge was nominated, who was part of Bench No. 1 and was available---Whilst the objection is correct that ideally the author Judge of the main judgment under review should have been part of the present Bench, however, since he had repeatedly expressed his inability and as the matter could not be left unattended the Bench was re-constituted in accordance with the law---Reference in this regard may also be made to Order XXVI, Rule 8 of the Supreme Court Rules, 1980 which states that 'As far as practicable the application for review shall be posted before the same Bench that delivered the judgment or order sought to be reviewed.'---Operative words in the provision are 'as far as practicable' and to ensure this every effort was made---However, neither the Supreme Court nor the Committee [formed under the Supreme Court (Practice and Procedure) Act, 2023] nor the Chief Justice of Pakistan has the power to compel the author Judge to sit and hear the case if he is not so inclined---Accordingly, the objection taken in this regard was overruled.

SUPREME COURT BAR ASSOCIATION OF PAKISTAN vs FEDERATION OF PAKISTAN through Secretary Ministry of Interior, Islamabad O — 2024 PLD 1228 SUPREME-COURT

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