Justice Qazi Faez Isa has declared that the suo motu powers rest only with the Supreme Court and not just the chief justice of Pakistan.
Justice Isa said the Constitution gave the top court as a whole the right to take suo motu notice, adding that this power did not exclusively lie with the chief justice of Pakistan.
Speaking on Wednesday, the apex judge said the word “suo motu” does not mention in the Constitution of Pakistan.
Addressing “Pakistan’s Constitution” seminar at a university in Islamabad on Wednesday, Supreme Court’s Justice Qazi Faez Isa said Article 184/3 of the Constitution was meant to protect the oppressed and should not be misused for personal gain.
He emphasized that the Supreme Court has the power to take up cases related to the public interest and the enforcement of fundamental rights under Article 184/3.
Justice Qazi Isa also stressed the importance of using this article carefully and not abusing it, as it cannot be used to benefit anyone. He noted that every law provides for at least one appeal right, except for a constitutional appeal against Article 184/3.
“The meaning of the SC in Article 184(3) is that all judges and the chief justice unanimously [take suo motu notice],” Justice Isa said. “My opinion is that when the court sits, you call it the SC and Article 184(3) starts with ‘Supreme Court’. It does not mention senior puisne judge or chief justice. So my opinion is that only the SC has this right.”