Proposed by: Mr. Muhammad Ayaz Soomro (Member, National Assembly)
Summary: Currently, there is no right to appeal against the decision of the Supreme Court when it comes to suo moto cases or against the orders or judgments made by the Supreme Court under Article 184 of the Constitution of Pakistan
Article 184: Original Jurisdiction of Supreme Court
- The Supreme Court shall, to the exclusion of every other court, have original jurisdiction in any dispute between any two or more Governments.
Explanation: In this clause, “Governments” means the Federal Government and the Provincial Governments.
- In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall pronounce declaratory judgments only.
- Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved have the power to make an order of the nature mentioned in the said Article.
Since suo moto petitions and cases under Article 184 of the Constitution are dealt with/ by the Supreme Court in its original jurisdiction, it is demanded by justice that a right to appeal should be allowed to highly unfortunately affected litigants, as explained in this amendment.