ISLAMABAD - The Supreme Court of Pakistan Thursday recalled Justice Qazi Faez’s 20th August order regarding issuance of notices to the federal and provincial authorities in harassment and intimidation of journalists and laid down criteria for suo motu jurisdiction.
However, it said that the substantive claims made by the Press Association of Supreme Court and others in the application presented in the Court on 20-08-2021 shall be placed before the Chief Justice for consideration.
A five-member larger bench of the apex court headed by Acting Chief Justice Umar Ata Bandial and comprising Justice Ijaz ul Ahsan, Justice Muneeb Akhtar, Justice Qazi Muhammad Ameen and Justice Muhammad Ali Mazhar decided about criteria for taking suo motu notice. In a short order, detailed reasons of it will be recorded later, the larger bench declared that the invocation/assumption of the suo motu jurisdiction of the apex court under Article 184(3) of Constitution shall be guided by the following principles.
It added, “The Chief Justice of Pakistan (CJP) is the sole authority by and through whom the said jurisdiction can be, and is to be, invoked/assumed. The CJP may invoke/assume the said jurisdiction in his discretion and shall do so if so requested or recommended by a bench of the Court.”
“No bench may take any step or make any order (whether in any pending proceedings 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,” said the court order.
It further said, “All matters already pending in respect of, or involving, the suo motu jurisdiction of the Court shall, notwithstanding continue to be heard and disposed of by such benches as are constituted from time to time by the Chief Justice.”
Earlier, during the proceeding, Justice Ijaz said that what is the criteria for taking and how the suo motu notice will be used given in Article 184(3). Vice-Chairman Pakistan Bar Council Khush Dil Khan said that suo motu is taken on the violation of the fundamental rights. The word ‘Supreme Court’ is mentioned in Article 184(3). He added that the Court (Justice Faez) took suo motu for the protection of the journalists.
Justice Bandial said that the Court could take suo motu, but the question whether the application can be filed in the court. Can a Court write in the order that the case is fixed before it, he added. The judge further said that in the judicial system the Chief Justice is the head of Supreme Court.
The PBC vice-chief argued that there are examples of taking notice on newspapers’ reports. Justice Ijaz said the judge can take notice, but the question is what he should do after taking notice. There are precedents of taking suo motu notice on the letters and the newspapers reports.
Khush Dil regretted that in Pakistan people are punished to telling truth. Justice Qazi Muhammad Amin asked that whether an applicant has power to say which judge of Court hear his case. Justice Muneeb said that the journalists should have filed the application according to the procedure.
The vice chairman said there is no restriction on taking suo motu on the applications filed in the Court. He said that this is not a big issue if Justice Faez had not referred the matter to the Chief Justice.
Advocate Jangir Jadoon representing the journalists argued that the application was filed before the Court according to the procedure. He said that procedure for filing application for suo motu is given in Article 184(3).
The ruled that the chief justice had solely authority to take suo motu notice and dismissed the suo motu notice taken by apex court’s division bench over petition filed by journalists against alleged harassment.
