ISLAMABAD: The Senate Secretariat has disallowed a resolution moved by opposition PPP Senator Farhatullah Khan Babar seeking to determine limits on the use of suo motu powers by the courts.

The PPP senator has already been informed by the secretariat about its decision through a letter.

The resolution has been declared “inadmissible” by the secretariat on the ground that “the subject matter of this resolution is not primarily the concern of the government”, says the Senate letter, a copy of which is available with Dawn.

Know more: Scope of suo motu

The resolution that had been moved by the PPP senator for the coming session of the upper house had stated: “This House calls for laying down of appropriate parameters and mechanisms for the exercise of suo motu powers by the courts.”

Another PPP Senator Dr Karim Khawaja through a question last year had asked for details of suo motu cases taken up by various high courts in the country.

While the Sindh High Court said it had not taken any suo motu notice since 2009, the high courts of other three provinces did not furnish any reply.

Interestingly, the Islamabad High Court, not only refused to reply, it also stated that “seeking such information amounted to having a check on the judiciary which militates against its independence.”

When contacted, Mr Babar confirmed to have received the letter from the Senate Secretariat and vowed that he would continue to raise the issue by invoking other parliamentary instruments.

He explained that he could bring the matter through other parliamentary instruments like calling attention notice and motion. He said that if the Secretariat kept on rejecting the move, he would raise the matter during the “Zero Hour”, during which the members could raise any matter not on the agenda. “Even the possibility of a private member bill can also be considered,” he added.

The PPP senator, who is also the official spokesman for party co-chairman Asif Ali Zardari, said suo motu power was like a double-edged sword.

“While it can do enormous good, the dangers inherent in its overkill use can also not be ignored. Its benefits should be available to the people as a matter of right and not appear as favour to one and punishment to another,” he said, adding that he believed that suo motu powers should not degenerate into a hyper activity in response to media headlines and sound bytes.

Mr Babar reminded that in December last year, former chief justice Tassaduq Hussain Jillani, while noting that the number of petitions under Article 184(3) had risen exponentially, had also emphasised the need for determining the limits of Supreme Court’s suo motu powers.

Moreover, he recalled that a delegation of the International Commission of Jurists (ICJ) had noted in its report that the court was exceeding the limits of a reasonable use of suo motu powers in Pakistan.

He said the ICJ had strongly recommended that rules be adopted setting out the criteria for the use of suo motu procedures and for the allocation of cases to benches.

“The manner and frequency of use of these powers have raised some pertinent questions that need to be discussed in the parliament,” he said.

Published in Dawn, August 6th, 2014