SC REJECTS MALIK RIAZ APPLICATION FOR CONSTITUTION OF LARGER BENCH IN SMC NO. 5 OF 2012.

SUPREME COURT OF PAKISTAN
 ISLAMABAD JUNE,09,2012                                                                                        
         
            Application filed in the Suo Motu Case No. 5 of 2012 (regarding allegation of Business Deal between Malik Riaz Hussain & Dr. Arsalaan Iftikhar attempting to Influence the Judicial Process) for constitution of a larger bench of the Supreme Court of Pakistan for its decision was placed before the Hon’ble Chief Justice of Pakistan, who has been pleased to reject the application with the following order:-



“In this application prayer has been made for constitution a larger bench of this court for the decision of the titled Suo-Moto Petition. The ground urged to constitute the larger Bench in the application reads as under:



“That many important objections and issues are likely to arise during hearing of the above titled suo-moto case as observed by Hon’ble Bench during its proceedings conducted on 07.06.2012.”



2.            Precisely it may be noted that on 07.06.2012 a Bench comprising CJP, Mr. Justice Jawwad S. Khawaja (HJ-4) and Mr. Justice Khilji Arif Hussain (HJ-6) passed the following orders:-



“Having gone of these proceedings and taking into consideration arguments so put forth by the learned Attorney General and also considering the Islamic Injunction the hearing of this case shall continue by this Bench minus one of us (Iftikhar Muhammad Chaudhry, CJ) and the case shall be fixed before the said Bench after the conclusion of regular hearing listed before us today”.



3.            As a result of above judicial order, a bench comprising (HJ-4) and (HJ-6) was constituted. Therefore, now without adhering to the procedure laid down under Constitution and law the composition of this Bench by an administrative order cannot be changed.



4.            In addition to it the ground so urged in the application for constituting a larger Bench itself does not disclose a reason to accede to the request because under order XXV, Rule 2 of the Supreme Court Rules, 1980, a Bench consisting of not less than two Judges is empowered to hear the case dealing with all the important questions of the constitution and the law.



5.            There are a number of cases of important nature which have been decided by two Honorable Members. Reference be made to the case of Fraud in payment of Rental Power Plants detected by NEPRAS (Human Rights Case No. 7734-G/2009 & 1003-G/2010) recently decided wherein important questions were also involved. No doubt in the instant case as well important questions are involved, however, the Honorable Judges ceased with the matter are quite competent to decide the same.



6.            Thus for the foregoing reason the application so filed for constitution of larger Bench is rejected. All concerned be informed about the passing of instant order accordingly”.



The office has accordingly informed all concerned about passing of above order and issued the Court Roster from 11.06.2012 to 15.06.2012 constituting Special Bench comprising Hon’ble Mr. Justice Jawwad S. Khawaja and Hon’ble Mr. Justice Khilji Arif Hussain and fixed the case on Monday 11.06.2012 at 1:00 p.m. for hearing before the said Bench.