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KLR 2021 Supreme Court Cases 365

SUO MOTO Case No. 4 of 2021 vs N/A

CitationKLR 2021 Supreme Court Cases 365
CourtSupreme Court of Pakistan
Case No.SUO MOTO Case No. 4 of 2021
Date2021-08-26
Judge(s)Ijaz-ul-Ahsan, Qazi Muhammad Amin Ahmed, Umar Ata Bandial,
ResultOrder accordingly

ORDER

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 proceed ings 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.

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