PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

2022 PLD 306 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation
2022 PLD 306 SUPREME-COURT-AZAD-KASHMIR
Court
Supreme Court of Pakistan
Year
2022
Reporter
PLD

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

VS art. 184(3)---Supreme Court Rules, 1980, O.XI---Suo motu invocation of the jurisdiction of the Supreme Court under art. 184(3) of the Constitution---Scope---Benches of the Supreme Court are constituted by the Chief Justice and they cannot (and specifically in the context of invoking suo motu jurisdiction under art. 184(3) of the Constitution) self-constitute or self-propagate or self-perpetuate---Chief Justice alone can invoke the jurisdiction suo motu, but with respect to other Judge/s of the Supreme Court there is not any consistent or sustained practice in this regard---Bench of the Supreme Court (which did not include the Chief Justice) invoking suo motu jurisdiction of the Court under art. 184(3) of the Constitution was constitutionally impermissible and conceptually non-viable---However, Benches headed by the Chief Justice could invoke the suo motu jurisdiction of the Court because that, in law, is not an act of the Bench but was equivalent to invocation by the Chief Justice alone---Where the Chief Justice invoked suo motu jurisdiction on the request or recommendation of a Bench of the Court, it is entirely for the Chief Justice to decide the time and manner in which the jurisdiction is to be suo motu invoked and the Bench by whom it will be exercised.

Other judgments reported in 2022 PLD

Back to the case-law library · Search Pakistani case law in Urdu or English