Nos. Pakistan Peoples Party (PPP) Senator Farooq H Naek has tabled a bill in the Senate, seeking a constitutional amendment to the regulation of Supreme Court's discretionary suo motu powers under Article 184 (3) to provide a right of appeal to the aggrieved party in such cases. Recently, a five-judge larger bench headed by Justice Umar Ata Bandial had declared that it was sole discretion of the CJP to initiate suo motu proceedings in any matter. The Madras High Court on Wednesday made it clear that it shall suo motu review its earlier direction to the State government to constitute a Press Council of Tamil Nadu if it does not find any . Islamabad: Pakistan People's Party (PPP) has welcomed the move to regulate exercise of suo motu powers of the Supreme Court and limitations in deciding cases of misconduct against judges as "much needed steps in judicial reforms in the country". Non-lawyers are often surprised to learn nothing in the Constitution explicitly authorises the suo motu jurisdiction. Even the incumbent Attorney General for Pakistan, Khalid Jawed Khan, gave proposals for the regulation of the suo motu jurisdiction. Thus suo motu jurisdiction is necessary. He continued the petition was not competent and was in violation of the express provisions of Article 174 of the Constitution read with section 79 of the Code of Civil Procedure, 1908. . This Article allows them to correct violations of fundamental rights, which was used commonly in the 1980's when martial law was lifted. In Pakistan, Suo Moto powers can be exercised under Article 184 (3) [2] of the Constitution by the Supreme Court of Pakistan. In the Suo Motu Case No.1 of 2007 (Manhandling of Hon'ble Mr. Justice Iftikhar Muhammad Chaudhry by . It is, however, essential to note that the Constitution does mention suo motu powers, but only concerning the jurisdiction of the Federal Shariat Courts in Article 203 (D). . 4928-4929/2009 and 1989 and 1998/2010 and Constitutional Petition No.30 of 2010 and H.R.C.Nos.13922-S, 14156-S and 12664-P of 2010. It is clear that under Article 184(3) of the Constitution Supreme Court has the jurisdiction to enforce fundamental rights. 4928-4929/2009 and 1989 and 1998/2010 and Constitutional Petition No.30 of 2010 and H.R.C.Nos.13922-S, 14156-S and 12664-P of 2010. Article 184: Original Jurisdiction of Supreme Court(1) The Supreme Court shall, to the exclusion of every othercourt, have original jurisdiction in any dispu. The power of suo motu. (a) Constitution of Pakistan 1973, Articles 14 & 184 (3) NASIM HASAN SHAH, CJ.- The cognizance of this matter was taken up by this Court suo motu as a question of public importance namely the validity of public hangings and execution of punishments in public arose herein. Amend SC rules to regulate CJ's suo motu's powers. 'Suo-motu' powers. 1 of 2014 (Suo moto action regarding suicide bomb attack of 22.9.2013 on the Church in Peshawar and regarding threats being given to Kalash tribe and Ismailies in Chitral) authored by the then Chief Justice Mr Justice Tassaduq Hussain Jilliani. The limits of the SC and the power of the judiciary are now a critical topic of debate . August 28, 2021. issue a writ suo motu. On request of counsel for alleged contemnor, the case was . SUO MOTU CASE NO.8 OF 2018 AND CIVIL MISC. A day after videos of 'Dharma Sansad' in Haridwar - wherein Hindu religious leaders gave an open call for genocide of Muslims in order to make India a Hindu Rashtra - went viral, inviting criticism from all over the world, Supreme Court lawyer Prashant Bhushan urged the SC to take cognizance of the hate speeches allegedly made by so-called Hindu saints. November 7, 2021. The ICJ's close analysis of the Supreme Court's jurisprudence during Chief Justice Chaudhry's tenure shows that in some instances, the Supreme Court has been able to improve awareness of human rights violations and has strengthened the 'Suo-motu' powers. Suo Moto cognizance is when the courts in India take a case on their own. Under Article 184 (3) of the Constitution, the Supreme Court of Pakistan has the authority to exercise suo motu powers to take action on a matter if the issue at hand has two aspects i.e. PML-N demands judiciary take suo motu notice on Daska by-election after ECP report. B The Constitution 1. Article-129: The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. APPLICATION NO.649-L OF 2018 IN SUO MOTU CASE NO.8 OF 2018 . The Supreme Court of Pakistan has laid down rules for its judges to invoke the suo motu jurisdiction, declaring that only the chief justice had powers to take suo motu notice and other judges . (the Constitution of the Islamic Republic of Pakistan, 1973 the Constitution) and Shariah laws. Suo Moto in the Indian Constitution has been widely recognized and Indian judiciary time and again has proved its power by taking up Suo Moto cases. ISLAMABAD: The top court on Friday, exercising its suo motu jurisdiction, restored thousands of government workers, sacked through its earlier Aug 17 judgement, which struck down the Sacked Employees (Reinstatement) Ordinance Act 2010. (a) Constitution of Pakistan--- His client had been an officer in the Pakistan Navy for 45 years and headed it from 2017 to 2020, he said. ISLAMABAD (Dunya News) - Justice Qazi Faez Isa objected to larger bench constituted for jurisdiction of suo motu notice in the journalists' harassment case. The wording of the aforementioned Article gives unbridled power to Supreme Court with almost no limitation or exception. Article 184(3) of the Constitution empowers the superior judiciary to directly take up matters involving the enforcement of fundamental rights if it considers that such enforcement involves a question of . Suo-motu powers Another mechanism the Pakistani judiciary applies while dealing with environmental issues is the use of suo-motu powers. Article 184 (3) of the Constitution of Pakistan, gives Supreme Court a very broad power, generally known as suo motu power, to intervene in the matters of public importance with reference to enforcement of fundamental rights. By Muhammad Waqar Rana. Legally speaking, the Suo Motu is an action taken by a superior court of its own accord, without any request by the parties involved. A senior bar representative revealed that superior bars were considering vigorously raising the matter regarding the regulation of CJP's "unfettered powers". Suo Moto in India has been warranted under Article 32 & Article 226 of the constitution. At this point, it may be pertinent to refer to the judgment handed down in Suo Motu Case No. It suggests that a three-member bench shall be constituted to take the suo moto order and in the event an appeal has been made, filed within thirty days, it should be heard by a five-member bench of the apex court, adding that no decision shall be taken during this period. He hoped that the Election Commission would present the 133-page Daska by-election inquiry report to the public and take strict action. The PML-N has demanded that the judiciary take a suo motu notice on the Daska by-election for "violation of the Constitution" after a report by the Election Commission of Pakistan determined that the polls were not held in a free and transparent manner. ISLAMABAD: Pakistan Peoples Party (PPP) Senator Farooq H Naek has tabled a bill in the Senate, seeking a constitutional amendment to the regulation of Supreme Court's discretionary suo motu powers under Article 184(3) to provide a right of appeal to the aggrieved party in such cases. if it is of public importance and if there has been a violation of fundamental rights as per Chapter 1, Part II of the Constitution. Supreme Court's Suo Motu Conundrum. APPLICATION NO.649-L OF 2018 IN SUO MOTU CASE NO.8 OF 2018 . karachi suo motu case no 16 of 2011 - The Constitution of Pakistan, 1973 Developed by Zain Sheikh | Fake Rolex Replica Watches, Advocates & Corporate Consultants karachi suo motu case no 16 of 2011 April 26, 2021 (April 26, 2021) admin IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) PRESENT: Mr. Justice Iftikhar Muhammad Chaudhry, CJ A similar argument was presented by the vice-chairman of the Pakistan Bar Council, who said that nobody had the authority to fix a case before a particular bench . The PML-N has requested that the judiciary to take a suo motu notice on the Daska by-polls by calling it "violation of the Constitution" following the report by the Election Commission of Pakistan which determined that the elections were not held in a free and transparent manner. More example sentences. And there have been a myriad of cases the Supreme Court (SC) has been taking up with the suo motu, which range from imposing price ceilings on consumer goods Pakistan, or acquires the citizenship of a foreign State" as appearing in Article 63(1)(c) of the Constitution, the word . 5 that "Majlis-e-Shoora (Parliament) and a Provincial Assembly shall have power to make laws with respect to criminal law, criminal procedure and evidence". In doing so, the court converted the petition into one under Article 184 (3) of the Constitution ( Suo Motu Case No.1/2020) and kept the 'larger issue of combating the pandemic pending'. The Supreme Court of Pakistan has been expressly conferred powers under Article 184 (3) of the Constitution to take suo motu action for the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II of the Constitution. Sources told ProPakistani that major changes have . With respect to the jurisdiction of the Supreme Court, it establishes the following: Nos. [p. 1029]A This procedure has been used more often in recent times. The PML-N has demanded that the judiciary take a suo motu notice on the Daska by-election for "violation of the Constitution" after a . ISLAMABAD/LAHORE: The PML-N has demanded that the judiciary take a suo motu notice on the Daska by-election for "violation of the Constitution" after a report by the Election Commission of . History of this provision shows that under the Constitution of 1956 Supreme Court had original jurisdiction to issue writs like Article 32 of the Indian Constitution. IV Procedures suo motu . It is also exercised in neighbouring countries such as Pakistan, Bangladesh, Nigeria, and the Maldives. 5. It is a Latin legal term which means "on its motion" and implies that an action was taken by a group or person on their own. SUO MOTU CASE NO.28 OF 2018 (Regarding Discussion in TV Talk Show with regard to a Sub-judice Matter) . system on the basis of Islam.15 Moreover, the Shariat Court was granted suo moto power to review laws even on its own motion, a power almost unheard of in constitutional history.16 But fidelity to Islamic law is only one side of the constitutional story. Indeed, for the first two decades after the 1973 Constitution, the apex court. The ICJ's close analysis of the Supreme Court's jurisprudence during Chief Justice Chaudhry's tenure shows that in some instances, the Supreme Court has been Naver. The power to take suo motu action is incorporated in Article 184 (3) of the Constitution of Pakistan. 'In a suo motu statement at the daily press briefing, he . The bipartisan Parliamentary Committee on Appointment of Judges on Tuesday endorsed amendments proposed by Senator Farooq Naek to regulate . The suo motu powers exercised by the Supreme Court of Pakistan under Article 184 (3), has a double edge sword . What is Suo Moto? He hoped that the judiciary would take suo motu notice of the Daska inquiry report. Pakistan takes pride in its very generous Constitution, extending protection to SUO MOTU CONSTITUTIONAL PETITION Per Nasim Hasan Shah, C.J. Another mechanism the Pakistani judiciary applies while dealing with environmental issues is the use of suo-motu powers. to human rights, even on its own initiative (so-called suo motu jurisdiction), as granted under Article 184(3) of the Pakistan Constitution. Suo Moto or Suo Motu is practised in India. Democratizing the Judicial Process - Indian Courts Exercise of Suo Motu Powers. 142 (b) of the Pakistan Constitution provides in this respect . adjective. It deprives the. the Contempt of Court Ordinance 2003 read with Article 204 of the Constitution of Pakistan (herein after the Constitution) and listed the case for framing of charge on 14.03.2018. Suo motu cases by the Supreme Court of Pakistan under Article 184 (3) began with the Darshan Masih case where the apex court took suo motu notice of bonded labour practices, which took place in. History A judge becomes arbiter in/of its own cause. ISLAMABAD: Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry on Thursday announced the verdict in the Karachi suo motu case. SUO MOTU CASE NO.15 OF 2009 (Corruption in Pakistan Steel Mills Corporation) Suo Motu Case No.15 of 2009 along with C.M.As. Article 184(3) of the Pakistan Constitution empowers . (also suo moto) South Asian Law. The moment we hear the phrase public interest litigation in Pakistan, the landmark case Shehla Zia v Wapda (PLD 1994 SC 693) pops up in our mind, which expanded the meaning of the word 'life' used in Article 9 of the Constitution. Chief Justice of Pakistan Mian Saqib Nisar took up suo motu case regarding an increase in population. According to the details, Justice Isa has penned a letter to Chief Justice of Pakistan (CJP), raising objection on the decision to form a larger bench in the journalists' harassment case. This interpretation was first made in 1990 in the case of Darshan Masih v The State when the Supreme Court empowered itself by holding that it has the authority to take up . After Acting Chief Justice of Pakistan Umar Ata Bandial formed a larger 5-member bench to determine the legal question of how the suo motu . Art. As 2021 rolled on, it was natural for the political leadership of the Pakistan People's Party (PPP) to be aggrieved when suo motu powers relating to encroachments in Karachi—be it Nasla Towers, Gujjar Nalah or elsewhere—are used to single out the Sindh government on the one hand, but recently leaked Pandora Papers, for example, do not . Constitution of the Islamic Republic of Pakistan, 1973, . September 03, 2021. ISLAMABAD, Feb 20: The Supreme Court of Pakistan on Thursday sprung into action to protect the peaceful Ismaili Muslims of Chitral and the Kalash tribe against threat issued to them by the outlawed Taliban. The suo motu powers exercised by the Supreme Court of Pakistan under Article 184 (3), has a double edge sword . 'the Supreme Court had taken suo moto notice of the case'. The Court may exercise original jurisdiction when an aggrieved party files a petition. Pakistan, or acquires the citizenship of a foreign State" as appearing in Article 63(1)(c) of the Constitution, the word . Senior lawyers have called for amending Supreme Court rules 1980 for regulating the suo motu powers of the Chief Justice of SC as given in Article 184 (3) of the constitution. Recently, a lot of instances can be seen where the Indian judiciary has taken up Suo Moto cases such as the Murthal Rape Case. The Court has relied on Article 184 (3) of the Constitution of the Islamic Republic of Pakistan, 1973 to justify their suo moto power. called suo motu jurisdiction), as granted under Article 184(3) of the Pakistan Constitution. All Pakistan Lawyers Representatives Convention also resolved that the discretionary powers of CJP, especially the exercise of suo motu jurisdiction, must be regulated. He . November 7, 2021. news24pk_1le417. In this context, the Pakistan Bar Council (PBC) has urged the SC to restrain or regulate its suo motu powers. Suo Motu or Petition Political commentators, media and civil society, alongside the general public, are puzzled if the case against General Bajwa's extension holds the status of a Suo Motu case under Article 184 (3) of the Constitution of Pakistan, or if it is the hearing of the petition, which was initially filed by Advocate Riaz Rahi, a . Almost all branches of the government, despite their powers clearly . Under Article 184 (3) of the Constitution, the Supreme Court may take suo motu action if there has been a violation of fundamental rights, which are listed under Chapter 1 of the constitution. Many have argued that without any restraints to guide the Supreme Court in cases where Suo Moto action has been taken, it has made judicial activism unpredictable and "difficult to reconcile with the rule of law" [3]. 'the court has initiated suo motu action'. repugnant to the provisions of the Constitution of the Islamic Republic of Pakistan, 1973 and Sharia . The Constitution gives power to the Supreme Court and the High Courts to take Suo Motu action when there is a case of Contempt of Court, under Article-129 and Article-215, respectively. Suo Moto's power of Supreme Court has been provided under Article 131 of the Indian Constitution. ISLAMABAD, Nov 07 (SABAH): The PML-N has demanded that the judiciary should take a suo motu notice on the Daska by-election for "violation of the Constitution" after a report by the Election Commission of Pakistan determined that the polls were not held in a free and transparent manner. On the matter of taking suo motu notice, Justice Bandial noted that it was the chief justice's authority to constitute a bench and fix a date for hearing of a suo motu notice case. Suo motu jurisdiction generates populist trends and competition amongst judges, a bar in the way of fair administration of justice. Suo Motu is Supreme Court special powers under the Constitution of the Islamic Republic of Pakistan, 1973, under which the Chief Justice of the Supreme Court has the power to rule on his own merits against anyone violating any fundamental right of any person. SUO MOTU CASE NO.8 OF 2018 AND CIVIL MISC. Suo Motu Jurisdiction Article 184 (3) of the Pakistan constitution vests in the Supreme Court "original jurisdiction" over "a question of public importance with reference to the enforcement of any of the Fundamental Rights" enumerated in the constitution. Pakistan. The said article reads as follows: Constitution of the Islamic Republic of Pakistan, 1973, . SUO MOTU CASE NO.15 OF 2009 (Corruption in Pakistan Steel Mills Corporation) Suo Motu Case No.15 of 2009 along with C.M.As. An advocate of the Indian Supreme Court explains the evolution of suo motu powers under Indian courts in the past 40 years in order to enforce part 3 of the constitution which has led them to usurp into areas that hitherto were the prerogative of the legislature and executive. One committee is led by former secretary to prime minister Fawad Hassan Fawad. The PML-N has requested that the judiciary to take a suo motu notice on the Daska by-polls by calling it "violation of the Constitution" following the report by the Election Commission of Pakistan whi Chief Justice of Pakistan Justice Tasaduq Hussain Jilani took suo motu notice of a video released by Taliban in which they threatened to . In his opening remarks, the chief justice said Islam is a religion of peace and it places great importance on the life of a human being. . Addressing to a press conference on . Article 184 (3) of the Constitution of Pakistan, gives Supreme Court a very broad power, generally known as suo motu power, to intervene in the matters of public importance with reference to enforcement of fundamental rights. Addressing the media, former prime minister Shahid Khaqan Abbasi said that Article 240 of . Article 184(3) of the Pakistan Constitution empowers . Supreme Court Justice Qazi Faez Isa has vehemently defended his decision to exercise the suo motu jurisdiction in the case regarding the harassment of media persons. The Securities and Exchange Commission (SECP) has suggested the government to withdraw the powers of suo motu notice of the SECP Policy Board. To define the term Suo Motu in simple terms is taking control over a matter. By Ahmed Saeed. (a) Constitution of Pakistan--- The PML-N has demanded that the judiciary take a suo motu notice on the Daska by-election for "violation of the Constitution" after a report by the Election Commission of Pakistan determined that . Suo Moto in India has ensured that justice should prevail in the civil as well as criminal matters. LAHORE. President of the Supreme Court Bar association Latif Afridi said . In India, the Suo Moto power was first recognized in the late seventies. Another mechanism the Pakistani judiciary applies while dealing with environmental issues is the use of suo-motu powers. The court constituted two committees to come up, within two weeks, uniform policy on curbing population growth in the country. The moment we hear the phrase public interest litigation in Pakistan, the landmark case Shehla Zia v Wapda (PLD 1994 SC 693) pops up in our mind, which expanded the meaning of the word 'life' used in Article 9 of the Constitution. He will take action after which no one in Pakistan even thought of stealing votes. Suo Motu Jurisdiction Article 184 (3) of the Pakistan constitution vests in the Supreme Court "original jurisdiction" over "a question of public importance with reference to the enforcement of any of the Fundamental Rights" enumerated in the constitution. The Court may exercise original jurisdiction when an aggrieved party files a petition. The wording of the aforementioned Article gives unbridled power to Supreme Court with almost no limitation or exception. Relating to an action taken by a court of its own accord, without any request by the parties involved. Ultimately the Supreme Court set aside the Islamabad High Court's directions and recalled all bails granted in those terms. The myth of constitutionalism in Pakistan keeps bursting. However, other common law countries like Canada, Australia and the United Kingdom do not recognize such powers. 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