Suo motu realm of SC, not simply CJ’s: Justice According to the senior puisne judge of the ISA, power may be utilised for both positive and negative causes.
ISLAMABAD:
The senior puisne judge of the Supreme Court, Justice Qazi Faez Isa, stated on Wednesday that the Constitution gave the whole court the authority to take notice of matters that fell under Article 184(3), i.e. suo motu, and not simply the chief justice.
Justice Isa emphasised that the constitution “is not to serve the interests of a select few people – politicians, parliament, or the judiciary – but the people” during a speech marking the golden anniversary of the Pakistani constitution.
He stated, “The Supreme Court’s interpretation of Article 184(3) requires that all judges and the chief justice [invoke original jurisdiction] unanimously.” “My opinion is not important, the opinion will be that of the Constitution,” he continued.
He stated that, “I could be wrong, but in Article 184(3) the word suo motu does not even exist,” adding that it only covered issues of “public interest” and the protection of basic rights.
According to what I gather, this place was reserved for the downtrodden, including brickkiln workers, bonded labourers, women who were refused an education, and children who were compelled to labour since standard legal measures were unable to address their situation, the speaker added.
The Supreme Court’s original jurisdiction is outlined in Article 184(3), which also gives it the authority to take notice of cases involving “public importance” issues related to the “enforcement of any of the fundamental rights” of the populace.
The senior puisne judge emphasised that the suo motu notices should be handled with “great care” because there is no constitutional avenue for appeal against them. She said that sometimes this provision has been utilised for very good causes but other times for absolutely poor ones.
Justice Isa, who will succeed Asif Ali Zardari as chief justice of Pakistan in September, was questioned about the disagreement over the supreme court’s suo motu authority during the ceremony.
Despite pointing out that “the Constitution does not state this,” Justice Isa conceded that some of his colleagues thought “only the chief justice had the power” to accept suo motu notifications. He urged putting “egos” aside while making such decisions.
A bleak past
In addition, he discussed the “Fall of Dhaka” as a troubling episode in Pakistani history, claiming that the split between Pakistan and Bangladesh in 1971 was not “sudden.” He said, Justice Munir had planted the seeds for it back in the 1950s.
He also mentioned the addition of Article 58(2)(b), which gave the president the power to dissolve the parliament and overthrow an elected government, under the authoritarian rule of Gen. Ziaul Haq. The clause was referred to as “another seed of hatred” by him.
“The same article [58(2)(b)] was later used twice by the next president Ghulam Ishaq Khan, once against Benazir Bhutto’s government and a second time against Nawaz Sharif’s,” Justice Isa remarked.
“It also makes me feel a little ashamed that the Supreme Court continued to approve these actions. It was argued that the resolution was incorrect, but the SC responded, “Let’s move on,” Justice Isa stated.
Gen. Parvez Musharraf was also included in his critique, along with his “Proclamation of Emergency” and the addition of Article 270AAA to the Constitution.
The senior judge however emphasised that, in his view, the Constitution’s main goal was to advance the interests of the people. He hoped that Pakistan will be able to get past its historical faults at this pivotal time.
