SC seeks assessment of its suo motu jurisdiction

2018-09-08T03:00:47+05:00 Syed Sabeehul Hussnain

ISLAMABAD  -  Chief Justice Mian Saqib Nisar on Friday expressed his intention to examine and interpret the scope of suo motu jurisdiction of the Supreme Court under Article 184(3) of the Constitution and asked if the court was exceeding its jurisdiction in this regard.

A three-judge bench headed by the chief justice and comprising Justice Umar Ata Bandial and Justice Ijazul Ahsan heard the case regarding scope of apex court’s suo motu jurisdiction under the said article.

For proceeding in the matter, the notices have been issued to Attorney General for Pakistan (AGP), Pakistan Bar Council (PBC) and Supreme Court Bar Association of Pakistan (SCBAP). The bench also decided that two amicus curie (friends of courts) will also be appointed in the case.

The Original Jurisdiction of Supreme Court envisaged under Article 184 (3) states: “Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II is involved, have the power to make an order of the nature mentioned in the said Article.”

"We want to examine the jurisdiction of Article 184 (3). We want to regulate it," the CJP told AGP Anwar Mansoor Ali Khan. He further remarked that the court wanted to examine if it was exceeding its jurisdiction by exercising the suo motu powers. “We wish to regulate our powers,” observed the CJP.

The matter seeking examination of scope of Article 184 (3) emanated from the 2014 judgment regarding fake degree case of Pakistan Tehreek-e-Insaf's Chaudhry Sarwar Khan.

On July 18 of 2013, the top court in its interim order had stayed the high court judgment favouring Ghulam Sarwar Khan. The apex court suspended his assembly membership for allegedly holding a fake degree, pending final verification.

Sarwar had defeated Interior Minister Chaudhry Nisar Ali Khan from NA-53 Rawalpindi on May 11.

However, during the hearing lawyer Rafiq Rajwana strongly opposed the vacation of High Court judgement through and interim order.

In detailed judgment of 2014, the top court while vacating its earlier interim order had restored the notification of the assembly membership of Ghulam Sarwar.

"However, to examine the scope of exercising suo motu jurisdiction in such type of cases, as relied upon and referred to by Malik M Rafiq Rajwana, learned ASC, which may be of far-reaching implications, we deem it appropriate to direct the office to place the file of this petition and other connected petitions of similar nature before the Chief Justice of Pakistan with the request for constitution of larger bench to resolve this issue once for all," the detailed judgment further said.

Yesterday the bench, while issuing notices to AGP and lawyers’ forums on the matter of scope of Supreme Court’s suo moto powers, adjourned the hearing of the case for indefinite period.

PMDC REPS MEET CJP

Adhoc Committee of Pakistan Medical and Dental Council (PMDC) headed by committee chairman Justice (r) Mian Shahkirullah Jan called on Chief Justice Saqib Nisar at the Supreme Court of Pakistan. The meeting was also attended by AGP Anwar Mansoor Khan.

According to the press statement, the committee apprised the chief justice about the progress and the draft rules of PMDC. They thanked the chief justice for showing his concern on this grave national issue. Chief justice also appreciated efforts of the adhoc committee.

 

 

SYED SABEEHUL HUSSNAIN 

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