ISLAMABAD
Justice Yayha Afridi has noted that the Supreme Court’s original jurisdiction under Article 184(3) of the Constitution – particularly a suo motu motion – should be sparingly exercised.
“This caution of judicial restraint should be further guarded when the matter for determination is inquisitorial, requiring a factual probe before a definite declaration, and/or, direction is rendered by this court,” the judge noted in his additional note to the SC’s April 3 written order in judges’ letter case.
Justice Afridi was part of the seven-member bench led by Chief Justice of Pakistan (CJ) Qazi Faez Isa that started suo moto proceedings on a letter penned by six of the eight Islamabad High Court (IHC) judges on March 26, making serious allegations about interference of intelligence agencies in judicial affairs.
Justice Afridi had recused himself from hearing the case. The SC on Saturday unveiled the written order of the first hearing of the case. The written order also contained Justice Afridi’s additional note.
The judge stated that while the issue deserved invoking suo motu jurisdiction, to judicially proceed in the case would surely lead to an adverse spectacle, “a sight I seriously urge should be avoided”.
“The letter of the six worthy judges of the IHC craves for formulating the administrative course of conduct for serving judges to not only address any intrusion of the executive in their judicial functions, but more importantly, their mode and manner of interaction with the executive.”
He said to proceed on the proposed action of suo motu would negate the lessons learnt from recent judicial precedents, adding that the SC must not move into action by public sentiments no matter how pressing the issue may appear.
“One must also not ignore that the high courts under the Constitution are independent establishments, envisaged to regulate not only their administrative functions, but also provide security to and safeguard judicial officers in their discharge of judicial functions. Law on the matter is already in the field.
