Suo Motto
Suo Motto
Suo Motto
The Latin phrase "Suo Motto" means "on its own motion." It speaks of the legal
authority granted to courts to take a case under consideration even though no
one has applied for their assistance. In other words, without any request or
petition from the parties concerned, the court takes the initiative to resolve a
situation that comes to its attention.
Suo Motto powers are frequently used in a variety of international legal systems.
When the interests of justice call for rapid action, it is a crucial weapon for judicial
intervention. Suo Motto power is especially helpful when the offended party has
no other reliable legal recourse. The court may handle matters of public interest
by utilizing its Suo Motto authority.
In a variety of legal actions, including civil and criminal cases, public interest
lawsuits, and administrative problems, the Suo motto power has been applied.
When the accused has not been charged with a crime despite there being proof
that a crime has been committed, the court may begin proceedings in a criminal
case. In civil matters, the court may become involved if it believes that an
individual or a group's legal rights have been infringed.
Suo Motto powers have been frequently used by the courts in Pakistan to
address various issues related to public interest, human rights, and
administrative matters. For example, in 2009, the Supreme Court took Suo Motto
action against the government of Punjab for failing to protect the rights of
religious minorities in the province. The court ordered the government to take
immediate measures to ensure the safety and security of religious minorities.
Similarly, in 2012, the Supreme Court took Suo Motto action against the Punjab
police for their involvement in extrajudicial killings. The court formed a
commission to investigate the matter and ordered the police to take corrective
measures to prevent such incidents from happening in the future.
While Suo Moto powers are an essential tool for the courts to ensure justice and
protect the rights of citizens, their use has been criticized for potentially
undermining the principle of separation of powers. Critics argue that the courts
should not intervene in matters that fall within the domain of the executive or
legislative branches of government. Nonetheless, the courts in Pakistan continue
to use their Suo Moto powers to address pressing issues and enforce the rule of
law.
2)In another case, the Supreme Court took Suo Moto action against the Sindh
government in 2012 for its failure to provide clean drinking water to the citizens of
Karachi. The court ordered the government to take immediate measures to
address the issue and provide clean drinking water to the citizens.
3)In 2020, the Supreme Court took Suo Moto action against the illegal cutting of
trees in the Margalla Hills National Park in Islamabad. The court ordered the
authorities to take strict action against those involved in the illegal cutting of trees
and to take measures to protect the environment.
Similarly, in the case of missing persons, the courts have used their Suo Moto
powers to intervene in cases where individuals have been abducted or unlawfully
detained. The courts have ordered the release of those who have been
wrongfully detained and provided compensation to victims and their families.
Another example of Suo Motto action related to human rights is the child abuse
case in Kasur. The Supreme Court took Suo Motto action after a large number of
child sexual abuse cases were reported in Kasur. The court ordered an
investigation into the cases and provided support to the victims and their families.
Suo Moto and fighting corruption in Pakistan
Suo Moto powers have played a crucial role in the fight against corruption in
Pakistan. The courts have used their Suo Moto powers to take action against
corruption cases, particularly those involving high-profile individuals or
government officials.
In the past few years, the courts have taken Suo Moto action in a number of
high-profile corruption cases in Pakistan. For example, the Panama Papers case
was initially taken up by the Supreme Court on its own motion. The case involved
allegations of money laundering and corruption against former Prime Minister
Nawaz Sharif and his family. The court's intervention in the case led to Sharif's
disqualification from holding public office and the recovery of millions of dollars in
assets.
The courts have also taken Suo Moto action in cases related to corrupt practices
within government institutions. For example, the Supreme Court took Suo Moto
action in the case of the National Insurance Company Limited (NICL) scam. The
case involved the fraudulent purchase of property by NICL officials. The court
ordered an investigation into the case and subsequently ordered the arrest of
several individuals, including senior government officials.
Overall, while Suo Moto powers have been useful in many cases in Pakistan,
there are also legitimate concerns about their potential misuse and impact on the
separation of powers. To address these concerns, it may be necessary to
establish clearer guidelines for the use of Suo Moto powers and to ensure that
the courts are held accountable for their decisions. Additionally, efforts should be
made to strengthen the capacity of other institutions to address issues related to
human rights, corruption, and other areas where Suo Moto powers are often
used.