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  • Suo Moto Case No.4 of 2021: in The Supreme Court of Pakistan

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    The Supreme Court of Pakistan issued an order regarding the invocation of the Court's suo moto jurisdiction under Article 184(3) of the Constitution. The Court declared that: 1) Only the Chief Justice can invoke suo moto jurisdiction; 2) The Chief Justice can do so at their discretion or if requested by a bench; and 3) No bench can exercise suo moto powers without the Chief Justice first invoking jurisdiction. The order also recalled a previous order and disposed of the related suo moto case, referring substantive claims in the matter to the Chief Justice.

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    The Supreme Court of Pakistan issued an order regarding the invocation of the Court's suo moto jurisdiction under Article 184(3) of the Constitution. The Court declared that: 1) Only the Chief Justice can invoke suo moto jurisdiction; 2) The Chief Justice can do so at their discretion or if requested by a bench; and 3) No bench can exercise suo moto powers without the Chief Justice first invoking jurisdiction. The order also recalled a previous order and disposed of the related suo moto case, referring substantive claims in the matter to the Chief Justice.

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    © All Rights Reserved
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    8 views2 pages

    Suo Moto Case No.4 of 2021: in The Supreme Court of Pakistan

    Uploaded by

    Pak Research
    The Supreme Court of Pakistan issued an order regarding the invocation of the Court's suo moto jurisdiction under Article 184(3) of the Constitution. The Court declared that: 1) Only the Chief Justice can invoke suo moto jurisdiction; 2) The Chief Justice can do so at their discretion or if requested by a bench; and 3) No bench can exercise suo moto powers without the Chief Justice first invoking jurisdiction. The order also recalled a previous order and disposed of the related suo moto case, referring substantive claims in the matter to the Chief Justice.

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    of 2

    IN THE SUPREME COURT OF PAKISTAN

    (Original Jurisdiction)

    Present:
    Mr. Justice Umar Ata Bandial, HACJ
    Mr. Justice Ijaz ul Ahsan
    Mr. Justice Munib Akhtar
    Mr. Justice Qazi Muhammad Amin Ahmed
    Mr. Justice Muhammad Ali Mazhar

    SUO MOTO CASE NO.4 OF 2021


    (In re: order dated 20.08.2021 in SMC No.4 of 2021)

    In attendance:
    Mr. Khalid Javed Khan,
    Attorney General for Pakistan.
    Mr. Aamir Rehman, Addl. AGP.

    Mr. M. Latif Afridi, President SCBAP.


    Mr. Khushdil Khan, VC, PBC.

    Mr. Jehangir Khan Jadoon, ASC.


    Mr. Amjad Nazir Bhatti, Journalist.
    Mr. Qayyum Siddiqui, Journalist.

    Date of hearing: 26.08.2021.

    ORDER
    For detailed reasons to be recorded later and subject

    to what is set out therein by way of amplification or otherwise:

    1. It is declared that the invocation/assumption of the suo


    motu jurisdiction of this Court under Article 184(3) of the
    Constitution is based on, and shall be guided by, the
    following principles:
    a. The Chief Justice of Pakistan is the sole
    authority by and through whom the said
    jurisdiction can be, and is to be, invoked/
    assumed.

    b. The Chief Justice may invoke/assume the said


    jurisdiction in his discretion and shall do so if so
    requested or recommended by a Bench of the
    Court.

    c. 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
    SMC 4/2021 2

    Chief Justice has invoked/assumed the said


    jurisdiction.

    2. All matters already pending in respect of, or involving, the


    suo motu jurisdiction of the Court shall, notwithstanding
    para 1, continue to be heard and disposed of by such
    Benches as are constituted from time to time by the Chief
    Justice.

    3. In view of the above, the order dated 20.08.2021 stands


    recalled. SMC No.4 of 2021 and all filings therein shall
    stand disposed of.

    4. The substantive claims made by the Press Association of


    Supreme Court and others in the application presented in
    Court on 20.08.2021 shall be placed before the Chief
    Justice of Pakistan for consideration.

    Sd/-
    ACJ

    Sd/-
    Judge
    Sd/-
    Judge

    Sd/-
    Judge
    Sd/-
    Judge

    Announced in Court,
    On 26th August, 2021

    Sd/-
    ACJ.

    Islamabad.
    Irshad Hussain /*

    NOT APPROVED FOR REPORTING.

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