SHC says high courts no longer have suo motu powers

KARACHI: The Sindh High Court (SHC) has dismissed a petition seeking the constitution of a joint investigation team and recovery of the body of a man allegedly killed in the name of so-called honour, holding that high courts no longer retain suo motu powers after the 26th Constitutional Amendment.

A two-judge constitutional bench comprising Justice Muhammad Saleem Jessar and Justice Nisar Ahmed Bhanbhro said the matter had originated from a telegram and application sent through courier by the victim’s mother from Larkana. The then chief justice of the SHC had taken cognisance of the application and converted it into a constitutional petition on April 14, 2023.

The bench, however, ruled that the petition had become infructuous in view of the changed legal position. According to the order, the petitioner could pursue her grievances before the appellate forum where her criminal appeal against the acquittal of the accused is already pending.

“We have examined the record and observe that instant matter originated from a telegram/application dispatched by the petitioner via courier. The then learned Chief Justice of this Court took cognizance of the same and converted it into a constitution petition on 14.04.2023. Following the passage of the Constitution (Twenty-Sixth Amendment) Act, 2024, Suo Motu powers vested with the high courts have been taken away by the legislature therefore this petition in view of above legal position has become infructuous and is hereby dismissed accordingly”.

Petitioner’s allegations and trial history

Noor Bibi had approached the SHC chief justice stating that her son, Ali Ahmed Brohi, was killed in January 2023 in Larkana after being accused of karo-kari by relatives, and that his body was thrown into a river.

She also said that police registered a case regarding her son’s abduction and murder on the orders of the district and sessions court in Larkana. According to her application, a jirga later asked her to settle the matter for Rs500,000, but she and her family refused and instead sought justice, a fair investigation through a JIT, and recovery of the body.

The constitutional bench noted that after completion of the legal process and investigation, the case was challaned and tried by an additional district and sessions judge in Larkana. It further recorded that, according to the petitioner’s counsel, the trial ended in the acquittal of the nominated accused, after which the petitioner filed an appeal that remains pending before the SHC circuit court in Larkana.

The order added that despite the acquittal, both the petitioner and her counsel continued to press for directions to the relevant authorities to make efforts to recover the deceased’s body, which has not yet been found.

Earlier court proceedings

The report recalled that different regular benches of the SHC had earlier passed several orders in the matter. These included summoning senior police officers, directing them to ensure the arrest of absconding suspects, ordering efforts for the recovery of the victim’s body, seeking protection for a woman allegedly linked to the murder, and requiring investigation reports to be submitted before the trial court.

In May 2023, the SHC had directed police to record the statement of Safia, who appeared to be a potential key witness in the case. The court had also instructed senior police officers to provide her protection and place her in Darul Aman if security concerns arose, as the case appeared to involve allegations of karo-kari.

Police later informed the SHC that the woman’s statement had been recorded and that she denied the allegation of karo-kari. The police also stated that she chose to stay at her parents’ home, while three accused, including her father, had been arrested and some other suspects were still absconding.

While dismissing the present petition, the bench said the petitioner remained free to place any relevant material before the appellate forum hearing her criminal appeal against the acquittal.