SC wants govt to regulate suo motu powers | Pakistan Today

SC wants govt to regulate suo motu powers

ISLAMABAD: The Supreme Court (SC) on Friday took up a case in order to evaluate the jurisdiction of its suo motu powers under Article 184(3) of the Constitution.

“Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved have the power to make an order of the nature mentioned in the said Article,” reads Article 184 (3) concerning SC’s authority to take suo motu notice.

A three-member bench of the apex court led by Chief Justice of Pakistan (CJP) Mian Saqib Nisar heard the case.

“We wish to regulate our powers,” the CJP informed the attorney general.

“The court wants to know whether or not it is exceeding its jurisdiction with respect to Article 184(3),” he remarked further.

The top court is expected to appoint two lawyers to assist it over the matter.

The apex court directed notices to be issued to the Pakistan Bar Council, Supreme Court Bar Association and the attorney general.

The case has been adjourned indefinitely.

International Commission of Jurists (ICJ) in 2011 had said that the Supreme Court should exercise caution and restraint in taking suo motu notices, explaining that the rule of law could be threatened due to its overuse.



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