A word about suo motu notice
Pakistan
the apex court can take notice of any issue it considers linked with public importance
LAHORE (Dunya News) – What is suo moto notice?
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.
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