The Supreme Court on Thursday ruled that the Chief Justice of Pakistan has the sole discretion to invoke suo motu action, recalling its earlier order regarding harassment of media persons.
Last Friday, a two-judge bench — consisting of Justice Isa and Justice Jamal Khan Mandokhel — took notice of an application moved by the Press Association of the Supreme Court, highlighting the purported incidents of harassment of journalists.
In an order issued the same day, the judges said since the application had raised matters of public importance with reference to the enforcement of fundamental rights, it met the criteria for invoking the suo motu jurisdiction under Article 184(3) of the Constitution.
On Thursday, a five-member larger bench of the apex court headed by Acting Chief Justice of Pakistan Justice Umar Ata Bandial maintained that “no other bench can invoke suo motu jurisdiction.”
It added that the “substantive claims” made in the application by the Press Association of the Supreme Court and other petitioners would be placed in front of the chief justice for consideration.
“No bench may take any step or make any order (whether in any pending proceedings or otherwise) as would or could constitute exercise of the suo motu jurisdiction (such as, but not limited to, the issuance of any notice, making any enquiry or summoning any person or authority or any report unless and until the chief justice has invoked/assumed the said jurisdiction,” the order issued today added.
During the hearing, Justice Bandial said there was “no difference of opinion” on the harassment of journalists.
He said that the application filed by the Press Association of Supreme Court and others would still be valid and action would be taken.
However, he noted that the Supreme Court had to take action in accordance with the law and its authority.
“If something is done to journalists, Supreme Court will stand as a wall with them. Protecting the Constitution and ensuring basic rights is the responsibility of the judiciary,” observed Justice Ahsan.
Justice Amin said journalists would “never be disappointed” by the Supreme Court.
PSA President Amjad Bhatti said the apex court had raised legal questions, therefore, journalists could not present arguments in cooperation.
Talking about mistakes in the application, Justice Amin observed that it was missing the names of the parties concerned and different journalists had signed the application on different dates.
On the matter of taking suo motu notice, Justice Bandial noted that it was the chief justice’s authority to constitute a bench and fix a date for hearing of a suo motu notice case.
A similar argument was presented by the vice-chairman of the Pakistan Bar Council, who said that nobody had the authority to fix a case before a particular bench for hearing.
“There should not be an obstacle to the provision of justice on the basis of technicalities,” he added, arguing that a nine-member SC bench had already decided that the apex court was bound to follow the established procedure.
The Supreme Court on Monday temporarily restrained implementation on a decision of a bench in a case pertaining to the purported harassment of journalists.
The directive was issued as a five-judge larger bench, headed by caretaker Chief Justice Umar Ata Bandial, resumed hearing of the case in a bid to provide clarity on the issue of invoking the jurisdiction of suo motu notice by a bench.
The other members of the bench include Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Qazi Muhammad Amin Ahmad and Justice Muhammad Ali Mazhar.
The top court constituted the bench on Saturday, a day after taking notice of the alleged incidents of harassment of journalists.
The bench had also summoned top officials of three investigation agencies: the head of the Federal Investigation Agency, Islamabad police chief, and the federal interior secretary for a hearing on August 26.
However, on Saturday last the court proceeded to constitute the larger bench while noting that the earlier bench had issued notices to the federal as well as provincial governments, other authorities and the law officers of the federation and provinces, and issued directives to fix the matter for August 26 before the same bench.
During the hearing Monday, the apex court, while suspending the decision, served notices on the attorney general of Pakistan, vice chairman of the Pakistan Bar Council and the president of the Supreme Court Bar Association for assistance in the case.
“The court will only look into the matter in a bid to provide clarity in respect of invocation of its suo motu jurisdiction,” the bench said.
