Justice Qazi Faez Isa said on Wednesday that the Constitution gives the Supreme Court (SC) as a whole the right to take suo motu notice, which according to Article 184(3) means all judges and the chief justice unanimously doing so.
Speaking during an event celebrating the Constitution’s golden jubilee, the justice said that in his opinion when the court sits, “you call it the SC and Article 184(3) starts with ‘Supreme Court’.
“It does not mention senior puisne judge or chief justice. So, my opinion is that only the SC has this right.”
His statement comes days after he and Justice Aminuddin Khan ruled that the Constitution does not give unilateral and arbitrary power to the chief justice of Pakistan (CJP) to list cases for hearings, form special benches and select judges.
The two judges ruled that all hearings based on suo motu notices and cases of constitutional significance should be postponed until they were legislated upon.
During today’s event, Justice Isa was asked about the difference in opinion regarding the top judge’s suo motu powers. He said that some of his colleagues were of the opinion that only the CJP could exercise the right to take suo motu notice.
However, he said, that the Constitution does not say this, adding if it does, “you may tell me the article”.
“The word suo motu is a Latin term that is not even mentioned in the Constitution,” the IHC judge added.
“Article 184(3) is meant for those treated unjustly, such as brick kiln workers, bonded labourers and women who were being deprived of education,” he said.
