The decision by the full bench of the Supreme Court, that only the Chief Justice can take suo motu notice of any matter, was pronounced on the division bench taking notice of the disappearance of journalists, will be subjected to criticism because the bench itself was headed by a judge who has legitimate expectancy of becoming Chief Justice of Pakistan and thus could be assumed to have a personal interest in the matter. The division bench had summoned certain government officials to explain their position, who were not used to having to explain their actions, at least not in public. It is something of a paradox that the division bench was headed by a judge who has legitimate expectancy of becoming the next Chief Justice of Pakistan but one. It is obvious that he has become a cause of trepidation in certain quarters, particularly the ones which had been criticised by him in his judgement in the Faizabad sit-in, of which he had taken suo motu notice.
It was Mr Justice Qazi Faez Isa who had taken notice by converting a petition, and it is possible that his assumption of the Chief Justice-ship, which should occur in September 2023, which he will hold till his retirement in October 2024, is unwelcome in certain quarters? It is almost as if the limit on suo motu powers was meant to protect certain quarters, to allow the time needed for the sort of attacks on Mr Justice Isa as was seen when he was hauled before the Supreme Judicial Council, and then when the Federal Board of Revenue was made to probe his affairs, which he was only able to shake off because of a case before the Supreme Court in which he had to appear for himself.
The learned full bench is obviously cognisant of the law, but it is puzzling to the layman that where the Constitution allows the Supreme Court suo motu powers, it does not mention the Chief Justice except once, and without giving him any powers more than other judges. How the Full Bench explains its reasoning, which it shall do in its detailed judgement, will be awaited by all students of the Constitution anxiously, and with the greatest of interest.
