The suo motu controversy
WHEN justice becomes a tool for political gain, the very foundation of democracy is at risk. The use of Suo Motu by the judiciary in Pakistan has become a double-edged sword, with its intended purpose of ensuring justice being manipulated for political motives
In Pakistan’s political landscape, the use of suo motu has become a controversial tool for political gains. Suo motu refers to the powers of the judiciary to take cognizance of a matter on its own accord, without waiting for a petition to be filed. While the provision of suo motu is intended to ensure the delivery of justice and prevent miscarriage of justice, its use has become a contentious issue in Pakistan’s politics.
In recent years, the use of suo motu has been heavily criticized for being influenced by political agendas. In particular, the ruling party in Pakistan has been accused of using suo motu to target opposition leaders and consolidate its grip on power. This has created a perception that the judiciary is being used as a political tool, rather than an impartial arbiter of justice. One of the most prominent examples of the use of suo motu for political gain is the case of former Prime Minister Nawaz Sharif. In 2017, the Supreme Court of Pakistan used suo motu to initiate proceedings against Nawaz Sharif and his family in the Panama Papers case. The case ultimately led to Sharif’s disqualification from holding public office and imprisonment on corruption charges. However, many opposition leaders and legal experts argued that the case was politically motivated, and that the use of suo motu was a means of targeting Sharif and his party.
Similarly, the use of suo motu has also been criticized in the case of the Pashtun Tahafuz Movement (PTM), a civil rights movement that has been critical of Pakistan’s military establishment. In 2019, the Supreme Court of Pakistan took suo motu notice of the PTM’s activities, leading to the arrest and detention of its leaders. Critics argued that the use of suo motu in this case was an attempt to stifle dissent and curtail freedom of expression.
The use of suo motu for political gains has also been evident in the recent election of the Senate Chairman in Pakistan. In March 2021, the government used suo motu to challenge the opposition’s candidate for the post of Senate Chairman. The challenge was ultimately dismissed by the Supreme Court, but the incident raised concerns about the use of suo motu as a tool for political manipulation.
To conclude, the use of suo motu in Pakistan’s politics has become a contentious issue with accusations that it is being used for political gains. While the provision of suo motu is intended to ensure the delivery of justice, its use must be guided by the principles of impartiality and fairness.
To ensure the credibility of the judiciary and uphold the rule of law, it is essential that suo motu is not used as a means of targeting political leaders, helping the grounds for political mobilization or consolidating power.
—The writer is a student-scholar, University of Science and Technology, Bannu.
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