High courts cannot exercise suo motu jurisdiction, rules SC

ISLAMABAD – The Supreme Court of Pakistan ruled on Tuesday that high courts could not exercise the suo motu jurisdiction as it vests only with the top court under Article 184 of the Constitution.

Justice Ijazul Ahsan issued an eight-page verdict on a petition filed by a company against the Peshawar High Court’s decision to impose ban on the export of poultry and dairy products, saying the ban caused colossal losses to its business. The high court also ordered the provincial government to form a committee to review the prices of the poultry and dairy products.

It was also argued that the high court could not have interfered in policy matters of the executive by ordering the formation of committees to review livestock prices based on formula provided by the court. It further said the import and export is federal subject and the court overstepped its jurisdiction in the case.  

The apex court, in its ruling, pointed out several flaws in the PHC verdict, saying: “The learned High Court has not cited any law or precedent on the basis of which it exercised suo motu jurisdiction.

“It is pertinent to mention here that the learned High Court was not competent to even fix the prices of products. The only course of action available to it, if necessary, was to direct the Government to do what it is required to do under the law in case its officials/functionaries were not doing that. The High Court, under Article 199, cannot devise a formula for pricing. Doing so is not permitted under the law and does not fall in the domain of the Courts and goes against the principle of trichotomy of powers envisaged under the Constitution,” read the ruling.

“The high court could only pass appropriate and lawful orders on matters which have a direct nexus with the lis before it and could not overstep or digress therefrom.”

The PHC order not only goes against the mandate of Article 199 but is also against settled principles of law, the SC ruling said while setting aside the high court’s verdict.