In Pakistan we have 5 high courts, four of which are in the capital of provinces and one in the Federal Capital Islamabad. Article 192 to 203 of the constitution of the constitution of Pakistan show a pathway to the constitution of the Courts, their oath of justice and elaborates the jurisdiction of high court. According to the constitution of Pakistan the right to take suo moto and the power which it gives and is exercise by the authority is only allow to the supreme court of Pakistan. The supreme court has been regularly exercising this right and power especially after the year 2000. According to a rough ratio the supreme court has used this power about 204 times from the year 2000 to 2024. As the article 184(3) of the constitution of Pakistan states that “without prejudice to the provisions of article 199, the supreme court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by the chapter 1of the part 2 is involved, having the power to make an order of the nature mentioned in the said article”. In 2021 the Sindh high court suo moto case in contrast about the old age benefits Act of the supreme court was decided by the Supreme Court of Pakistan which dismissed the Sindh High Court judgment and the right for suo moto of the Court lower in hierarchy.
In 2013 the Sindh High court take the Suo moto, they promulgated the high court the Sindh Act 2013.the Sindh Act 2013. This was about the regularization of the ad hok and contract employees, according to the section 3 of the 2013 act which states as all the employees working on the ad hok and contract basis from the post BS-1 to BS-18 if are eligible for the position of there job and are presently in service with any government job in Sindh, will be deemed as validly to be appointed on the permanent job. Later this Action of Sindh High court was challenged in the Supreme court and after the proceedings it was held that Sindh High court has gone beyond it’s powers jurisdiction and is in the condemnation of article 199 of the constitution according to which the right to take Suo moto reserve to the supreme court and the final judgement was giver in the 2021.
After all this time again a conversation has started, that should the Right to take Suo Moto be given to the high courts of the Pakistan as well? As this matter is of immense importance, we see a controversy going on about the conflict in the supreme and High courts , that are divided in to groups supporting there own political ideology. Of course this is only fake rumor admiring the propaganda and working on such propaganda to weaken the public trust on judiciary and divided it from inside.
According to the opinion of a common Pakistani our judiciary is strong and United and is courageous enough towards the provision of justice to the every common citizen of Pakistan. This shows the public support for their judiciary and neutral stand on the question that, Can the right of Suo moto should be given to High court ? Pakistanis believe
that Court as United it doesn’t matter that the High courts can have the right of Suo moto as the spirit for the fair justice is there in our courts and they respect their judicial boundaries.
