SUO MOTO Case No. 4 of 2021 vs N/A
This matter concerns the exercise of the Supreme Court's suo motu jurisdiction under Article 184(3) of the Constitution of Pakistan 1973. The Court addressed the procedural mechanism for invoking this jurisdiction, specifically clarifying the authority required to initiate such proceedings. The Court held that the Chief Justice of Pakistan is the sole authority empowered to invoke or assume suo motu jurisdiction. While the Chief Justice may exercise this discretion independently, they are obligated to do so if requested or recommended by a Bench of the Court. Crucially, the Court ruled that no individual Bench may take any step or issue any order that constitutes an exercise of suo motu jurisdiction—such as issuing notices, conducting inquiries, or summoning authorities—unless the Chief Justice has formally invoked or assumed that jurisdiction. Consequently, the Court recalled a previous order dated 20.08.2021 and disposed of the pending proceedings, directing that substantive claims be placed before the Chief Justice for consideration. This judgment establishes the exclusive procedural authority of the Chief Justice in initiating suo motu actions.
- Who is the sole authority empowered to invoke or assume the suo motu jurisdiction of the Supreme Court under Article 184(3)?
- Can a Bench of the Supreme Court exercise suo motu jurisdiction without the Chief Justice having invoked or assumed it?
- Is the Chief Justice of Pakistan obligated to invoke suo motu jurisdiction if requested or recommended by a Bench of the Court?
- 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 proceed ings 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.