LAHORE: Prime Minister (PM) Shehbaz Sharif on Saturday asserted that the suo motu jurisdiction was solely meant for public interest instead of for an individual, ARY News reported.
The prime minister made these remarks while talking to journalists outside Kot Lakhpat Jail in Lahore, where he met the prisoners on the occasion of Eidul Fitr.
Taking a jibe at Chief Justice of Pakistan (CJP) Umar Ata Bandial, PM Shehbaz said that the basic purpose of the suo motu jurisdiction was for it to be exercised in the public interest.
“How many times the court has taken suo motu notice over the issues pertaining to prisons and their inmates,” he questioned, adding that does any suo motu notice was taken for justice with prisoners and their betterment.
PM Shehbaz pointed out that there were 4,000 prisoners in Kot Lakhpat jail, 50,000 in Punjab and hundreds of thousands across the country.
He noted that thousands of prisoners can be released in accordance with the law. “How much work have the courts done in this regard?” he asked.
The premier reiterated that the suo motu jurisdiction was solely meant for public interest, adding that “no other purpose can be made out for the suo motu notice”.
The statement came days after the Supreme Court (SC) barred the government from implementing Supreme Court (Practice and Procedure) Bill, 2023.
An eight-member bench – headed by Chief Justice of Pakistan (CJP) – took up a set of three petitions challenging the bill.
The apex court, in a written order issued today, termed the bill “interference with and intrusion into the independence of the judiciary.”
The order stated that while the bill is “not yet law it is nonetheless, with exactitude, that what will have the force of law, when the act comes into being,” adding that it could be considered and examined even at this stage.
The bill
The passed bill – the Supreme Court (Practice and Procedure) Bill, 2023 – aims at giving the power of taking suo motu notice to a three-member committee comprising senior judges including Chief Justice. It also aims to have transparent proceedings in the apex court and includes the right to appeal.
Regarding the constitution of benches, the bill states that every cause, matter or appeal before the apex court would be heard and disposed of by a bench constituted by a committee comprising the CJP and the two senior-most judges. It added that the decisions of the committee would be taken by a majority.
Regarding exercising the apex court’s original jurisdiction, the bill said that any matter invoking the use of Article 184(3) would first be placed before the above mentioned committee.
The bill says that if the committee is of the view that a question of public importance with reference to the enforcement of any of the fundamental rights conferred by Chapter I of Part II of the Constitution is involved, it shall constitute a bench comprising not less than three judges of the Supreme Court of Pakistan which may also include the members of the committee, for adjudication of the matter.
The bill additionally said that a party would have the right to appoint its counsel of choice for filing a review application under Article 188 of the Constitution.
