2021 PLP 1612 (SCMR)
N/A
| Citation | 2021 PLP 1612 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Umar Ata Bandial, ACJ, Ijaz ul Ahsan, Munib Akhtar, Qazi Muhammad Amin Ahmed and Muhammad Ali Mazhar, JJ |
| Parties | N/A |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2021 PLP 1612 (SCMR)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2021 PLP 1612 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Umar Ata Bandial, ACJ, Ijaz ul Ahsan, Munib Akhtar, Qazi Muhammad Amin Ahmed and Muhammad Ali Mazhar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 PLP 1612 (SCMR) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khalid Javed Khan, Attorney General for Pakistan, Aamir Rehman, Additional AGP, M. Latif Afridi, President SCBAP, Khushdil Khan, VC, PBC, Jehangir Khan Jadoon, Advocate Supreme Court, Amjad Nazir Bhatti, Journalist and Qayyum Siddiqui, Journalist.
Headnotes / Summary
(In re: order dated 20.08.2021 in SMC No.4 of 2021)
Art. 184(3)
Assumption of suo motu jurisdiction by the Supreme Court under Art. 184(3) of the Constitution
Guiding principles stated. Invocation/assumption of the suo motu jurisdiction of the Supreme Court under Article 184(3) of the Constitution was based on, and shall be guided by, the following principles: (i) The Chief Justice of the Supreme Court was the sole authority by and through whom the suo motu jurisdiction under Article 184(3) of the Constitution could be, and was to be, invoked/ assumed; (ii) The Chief Justice may invoke/assume the said jurisdiction in his discretion and shall do so if so requested or recommended by a Bench of the Court; and (iii) 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 had invoked/assumed the said jurisdiction. All matters already pending in respect of, or involving, the suo motu jurisdiction of the Court shall, notwithstanding the principles stated above, continue to be heard and disposed of by such Benches as were constituted from time to time by the Chief Justice. Supreme Court recalled the order of the two Member Bench of the Supreme Court dated 20-08-2021 reported as 2021 SCMR 1602 and directed that SMC No.4 of 2021 and all filings therein shall stand disposed of, and that substantive claims made by the Press Association of Supreme Court and others in the application presented in the Supreme Court on 20-08-2021 shall be placed before the Chief Justice for consideration. In attendance: Khalid Javed Khan, Attorney General for Pakistan, Aamir Rehman, Additional AGP, M. Latif Afridi, President SCBAP, Khushdil Khan, VC, PBC, Jehangir Khan Jadoon, Advocate Supreme Court, Amjad Nazir Bhatti, Journalist and Qayyum Siddiqui, Journalist.
Judgment & Decree
For detailed reasons to be recorded later and subject to what is set out therein by way of amplification or otherwise:
1. It is declared that the invocation/assumption of the suo motu jurisdiction of this Court under Article 184(3) of the Constitution is based on, and shall be guided by, the following principles: a. The Chief Justice of Pakistan is the sole authority by and through whom the said jurisdiction can be, and is to be, invoked/assumed. b. The Chief Justice may invoke/assume the said jurisdiction in his discretion and shall do so if so requested or recommended by a Bench of the Court. c. 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.
2. All matters already pending in respect of, or involving, the suo motu jurisdiction of the Court shall, notwithstanding para 1, continue to be heard and disposed of by such Benches as are constituted from time to time by the Chief Justice.
3. In view of the above, the order dated 20.08.2021 stands recalled. SMC No.4 of 2021 and all filings therein shall stand disposed of.
4. The substantive claims made by the Press Association of Supreme Court and others in the application presented in Court on 20.08.2021 shall be placed before the Chief Justice of Pakistan for consideration. MWA/S-47/SC Order accordingly.