Suo moto notice: SC's contentious, yet action-packed, notices
Pakistan
Suo moto notice: SC's contentious, yet action-packed, notices
LAHORE (Dunya Investigation Cell) - In June 2008, popular Pakistani actress Atiqa Odho reached the Islamabad airport to board a flight to Karachi. Reportedly when the custom officials searched her belongings, two alcohol bottles were found in bag.
However, she was allowed to travel after the custom department took possession of the bottles.
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The incident took dramatic twist when the then chief justice Iftikhar Muhammad Chaudhry took notice of the event when newspapers published this news. The notices were issued to then Punjab police chief, Airport Security Force director general and Federal Board of Revenue chairman.
Atiqa Odho, apart from being a famed actress, was also the vice-president of the late Parvez Musharraf’s All Pakistan Muslim League (APML). Some, including Fawad Chaudhry who was the APML’s spokesperson at that time, said that she was victimized owing to her political affiliation.
She continued to face trial and after a long ordeal, she was declared innocent in 2020 by citing the reason of the lack of evidence. She said she appeared in the court 100 times.
She faced that situation due to the suo moto notice. The government now plans to reduce the power of the chief justice to start trial of any issue. In this regard, the bill regarding reducing the suo moto power of the chief justice has been presented in the parliament under which the three senior judges would decide about the suo moto notice.
What is suo moto?
Many latin words are used in the process of courts. Suo moto is also one of them. Suo means ‘in his own’ and moto mean ‘movement’. It means when the court takes up an issue despite no party approaching it.
In Pakistani judicial system, court starts trial when one party approaches against another party. However, suo moto notice happens when the court starts trial of a case by its own without any party formally taking the matter to the court.
Its base is found in the article 184(3):
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 I of Part II is involved have the power to make an order of the nature mentioned in the said Article.
In simple words, the apex court can take notice of any issue it considers linked with public importance.
THE Chief Justice or the Supreme Court?
The authority to exercise suo moto is mentioned in the article 184(3). The Supreme Court is mentioned in the article however, the authority is exercised by the chief justice. Hence, there has always been debate about who can exercises the power of suo moto.
When Suo moto started?
The judiciary was not very powerful in the early years after Pakistan got independence. In 1990s, the apex court realized its real power when the then chief Afzal Zilah stated that the judiciary had become independent. He also said the CJ was not the chief of only one court but that of the whole country. He also pressurized the Benazir government to pass laws regarding retributive justice.
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Suo moto by chief justices
Before 2000s, suo moto notice was rare. However, former chief justice Iftikhar Chauhdry exercised suo moto very often. He took 79 notices in seven years. The former chief justice Saqib Nisar took 47 notices and even surpass his predecessor (Iftikhar Chaudhary) when it comes to yearly ratio.
Three Ways to take suo moto
Only chief justice
It points that the chief justice can take notice of any issue he deems of public importance.
Two Member Bench
Some support this view that the senior two judges can take notice of any issue.
Full Court Bench
It says for any suo moto, the whole court should take up any issue.
The Government went for the Fourth way:
The government in its legislation said the two senior judges apart from the chief justice can take suo moto notice of any issue.
Legal experts, however, have their own schisms about this legislation. Some talk about bad timing; some about government intention to delay elections; and some about not consulting the Supreme Court itself.
Some controversial, yet interesting, suo moto notices:
Jusitice Iftikhar Muahmmad Chaudhry
• Samosa price
• Bottles of Atiqa Odho
• Haj corruption case
• Rental power case
• Shahzaib murder case
• Waheed shah slap case
• Sarfraz shah murder case
Justice Saqib Nisar
• Attack on Khadeeja Sididiqui’s case
Chief Justice Umer Ata Bandial
• Arshad Sharif murder case
