There is a settled practice of this Court regarding the entertainment of Suo Moto actions on the recommendation made by Benches of the Court during judicial proceedings pending before them. This case is different because no judicial proceeding was pending before the learned Bench on 20.08.2021 regarding the grievances or concerns of journalists. Rather the order was passed on a fresh unregistered application handed over and entertained in Court.
It is important that the original constitutional jurisdiction of the Court under Article 184(3) read with its powers under Article 187 of the Constitution of Islamic Republic of Pakistan (‘Constitution’) is invoked under a procedural scheme that lends credibility, certainty and consistency to the substantive proceedings that follow in the exercise of that jurisdiction. The Court has a discernible settled practice regarding the procedural issue of how Suo Moto motions may be entertained by the Court. In contrast, however, the order dated 20.08.2021, prima facie, makes a departure from the norms of the applicable procedural practice. Taking into account the distinction between the invocation of the jurisdiction of the Court on the one hand and the exercise thereof on the other, the question arises: How is the Suo Moto jurisdiction of the Court under Article 184(3) of the Constitution to be invoked? In the light of the answer to this question the propriety, manner and extent to which the order dated 20.08.2021 can be implemented by the office is another question that needs to be addressed.
We would like to hear the principal stakeholders who are called upon to assist the Court in matters of jurisdiction and law, namely, the Attorney General for Pakistan, the President of the SCBA and the Vice Chairman of the Pakistan Bar Council. We would also invite assistance of the learned counsel of the applicant journalists who have brought their grievance to the Court. However, it must be borne in mind that notwithstanding an important question raised before the Court by the applicant journalists, we are neither in a position nor intend to consider their substantive grievance in the exercise of our Suo Moto jurisdiction at this stage. The only aspect of the case that is presently under our consideration is the manner and procedure whereby the Suo Moto jurisdiction is to be invoked and in particular whether, and if so how, such action may be initiated at the instance or on the recommendation of a learned Bench of this Court.
At the moment, the judicial order dated 20.08.2021 directing notice to and reports from several Federal Government authorities is in the field. On account of the question now before the Court which goes to the root of the jurisdiction, it is inappropriate to implement the said order because that may obscure and unsettle the practice of the Court for invoking its Suo Motu jurisdiction resulting in needless uncertainty and controversy with attendant consequences.
In re: order dated 20.08.2021 in SMC No.4 of 2021
Enforcement of Fundamental Rights with regard to independence of Press/Media v.
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