In the matter of Suo Motu Case No. 4 of 2021 vs Not
This matter came before the Supreme Court of Pakistan via Suo Motu Case No. 4 of 2021 regarding the exercise of original jurisdiction under Article 184(3) of the Constitution of Pakistan 1973. The core legal question concerned the proper authority and procedure for invoking and assuming suo motu jurisdiction. The Court held and declared that the Chief Justice of Pakistan is the sole authority empowered to invoke or assume suo motu jurisdiction, either in his discretion or upon the request or recommendation of a Bench, and that no Bench may initiate any suo motu proceedings or take related steps without prior invocation by the Chief Justice. Consequently, the previous order dated 20.08.2021 was recalled, pending matters were directed to be handled by Benches constituted by the Chief Justice, and the case along with related filings was disposed of.
- Who is the sole authority to invoke or assume the suo motu jurisdiction of the Supreme Court under Article 184(3) of the Constitution of Pakistan 1973?
- Can a Bench of the Supreme Court take steps or make orders in the nature of suo motu exercise without the Chief Justice invoking the jurisdiction?
- How are pending matters involving suo motu jurisdiction to be heard and disposed of?
- Article 184(3), Constitution of Pakistan 1973
ORDER
For detailed reasons to be recorded later and subject to what is set out therein by way of amplification or otherwise:
1. It is declared that the invocation/assumption of the suo motu jurisdiction of this Court under Article 184(3) of the Constitution is based on, and shall be guided by , the following principles: a. The Chief Justice of Pakistan is the sole authority by and through whom the said jurisdiction can be, and is to be, invoked/assumed. b. The Chief Justice may invoke/assume the said jurisdiction in his discretion and shall do so if so requested or recommended by a Bench of the Court. c. No Bench may take any step or make any order (whether in any pending procee dings or otherwise) as would or could constitute exercise of the suo motu jurisdiction (such as, but not limited to, the issuance of any notice, making any enquiry or summoning any person or authority or any report) unless and until the Chief Justice has invoked/assumed the said jurisdiction.
2. All matters already pending in respect of, or involving, the suo motu jurisdiction of the Court shall, notwithstanding para 1, continue to be heard and disposed of by such Benches as are constituted from time to time by the Chief Justice.
3. In view of the above, the order dated 20.08.2021 stands recalled. SMC No.4 of 2021 and all filings therein shall stand disposed of.
4. The substantive claims made by the. Press Association of Supreme Court and others in the application presented in Court on 20.08.2021 shall be placed before the Chief Justice of Pakistan for consideration.
Cited by 1 case
- 2022 PLD 306 2022 PLD 306