Superior courts exercise: suo motu powers if executive fails to deliver: survey

The suo motu powers have been exercised by the superior courts around the world in instances where the executive fail to perform basic functions however in Pakistan they are viewed along partisan lines by lawyers and generally supported by the public. This was the outcome of an anecdotal survey carried out by Business Recorder.
Muhammad Azhar Siddique, senior advocate and Chairman Judicial Activism Panel, pointed out that Lord Denning, of the United Kingdom, Chief Justice of the United States John Marshall and several Indian judges have invoked suo motu powers for public welfare.
"Indian judges, including Justice P M Bhagat, Justice Chinnapa Reddy and Justice Karishna Iyre, passed landmark judgments in suo motu cases on bonded labour, environment, enforcement of Fundamental Rights and misuse of government land. There are also Indian judgments in suo motu jurisdiction on issues of dams and the roads," Azhar Siddique added.
Appreciating Chief Justice Saqib Nisar for taking suo motu, former secretary Supreme Court Bar Association Aftab Ahmed Bajwa stated: "When the State institutions fail to deliver then the judges must intervene as per their constitutional mandate."
Vice-Chairman Pakistan Bar Council Kamran Murtaza said the Supreme Court should regulate its power of suo motu under Article 184(3) of Constitution as there is no appeal against the verdict passed under these proceedings. Ramazan Chaudhry, a senior lawyer, concurred and stated that the chief justice should use suo motu power sparingly, adding "suo motu jurisdiction should be used only in human rights issues as the judiciary is the custodian of the Constitution and the rule of law and democracy in the country."
Muhammad Akram Sheikh, senior lawyer, told Business Recorder: "Protection of individual freedoms can only be possible if the executive and the judiciary exercise their powers in a complementary manner and not allowed to overlap.
The combination of individual liberty with due observance of law can be obtained by leaving each to exercise its function, always, of course, subject to the right of the Court to intervene in appropriate cases".
Chief Justice of Pakistan Mian Saqib Nisar whose suo motu power has been criticized, during the hearing of a case observed: "I will keep taking suo motu notices on education, clean drinking water, and health issues." He remarked that those who wanted to criticise suo motu notices can continue to do so but "I will keep taking notices in public interest."
The general public is supportive of the exercise of suo motu power by the incumbent Chief Justice and urge CJP Saqib Nisar to continue to do so. Over the years the judiciary in Pakistan has intervened to uphold fundamental rights and to render social justice. The Supreme Court enjoys suo motu powers under Article 184(3) of the Constitution to take up any matter of public importance with reference to the enforcement of any of the fundamental rights.
Former Chief Justice of Pakistan Iftikhar Ahmed Chaudhry is credited with reviving the suo motu tradition as he intervened in matters relating to human rights, environment and public policy.