Lahore High Court Bar Association (LHCBA), here on Thursday demanded a Supreme Court full bench to devise rules on suo motu powers. Chief Justice of Pakistan, Justice Mian Saqib Nisar had taken suo motu notice on the verdict of Lahore High Court acquitting Hussain Shah son of a bar member Tanvir Hashmi in Khadija Siddiqui's stabbing case.
LHCBA President Anwarul Haq Pannu, Ahmad Awais, Hafiz Abdul Rehman Ansari, Ehsan Wayn and Zahid Hussain Bokhari addressed the general house. They said rules should be made on Article 184 (3) of the Constitution, which empowers the Supreme Court to enforce fundamental rights. Referring to suo motu notice taken by CJP Nisar in Khadija Siddiqui's case, they said it did not qualify for suo motu as the aggrieved party had a legitimate right to file an appeal against the acquittal verdict.
They said all the suo motu notices taken by the Supreme Court would be deemed unconstitutional if violation of fundamental rights was not found in them. Pannu clarified that the general house meeting of the bar was not convened to discuss Khadija Siddiqui's case only but to discuss the suo motu powers of the Supreme Court.
He said the Supreme Court should make rules for suo motu actions and these notices should not be taken in those cases where parties had legal right to appeal. He also condemned criticisms on court's decisions on television shows without going through the verdicts. He said the undue criticism amounted to put pressure on the courts.
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