Law: Constitution of Pakistan, 1962

Section: 184(3)

Constitution of Pakistan--- ----Art. 184(3)---Suo motu powers of the Supreme Court---Scope---Order made by a two Member Bench of the Supreme Court (the order dated 20-08-2021) on an application directly received and entertained in Court [reported as 2021 SCMR 1602]---Said Bench took suo motu notice of the grievance expressed in that application submitted by a number of journalists---Notices had been issued to several Federal Government authorities as well as to the Law Officers of the Federation and the Provinces---Next date of hearing in the matter had been fixed for 26-08-2021 before the same Bench that has passed the order dated 20-08-2021---Legality---Questions raised by the present case were as to what was the manner and procedure whereby the suomoto jurisdiction of the Supreme Court under Art. 184(3) of the Constitution was to be invoked and in particular whether, and if so how, such action may be initiated at the instance or on the recommendation of a Bench of the Supreme Court---In the light of the answer to said questions the propriety, manner and extent to which the order dated 20-08-2021 could be implemented by the office was another question that needed to be addressed---Supreme Court had a settled practice regarding the entertainment of suo motu actions on the recommendation made by Benches of the Court during judicial proceedings pending before them---Present case was different because no judicial proceeding was pending before the two Member Bench on 20-08-2021 regarding the grievances or concerns of journalists---Rather the order was passed on a fresh unregistered application handed over and entertained in Court---Furthermore the Supreme Court had a discernible settled practice regarding the procedural issue of how suo motu motions may be entertained by the Court---In contrast, however, the order dated 20-08-2021, prima facie, made a departure from the norms of the applicable procedural practice---Presently the order dated 20-08-2021 directing notice to and reports from several Federal Government authorities was in the field---On account of the question now before the present Bench which went to the root of the jurisdiction, it was inappropriate…

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