High court has suo motu powers in criminal revision: SC

ISLAMABAD: The Supreme Court on Monday observed that in criminal revision, the high court has suo motu powers.

A three-member bench of the apex court, headed by Justice Muhammad Hashim Khan Kakar and comprising Justice Salahuddin Panhwar and Justice Ishtiaq Ibrahim, heard various appeals of the Punjab government against bail granted to accused in May 9 cases.

The bench while hearing the appeal against Sanam Javed acquittal remarked that the high court cannot turn a blind eye if injustice is being done.

During the hearing, Punjab government lawyer informed the court that Sanam Javed had filed a petition against her remand in the Lahore High Court (LHC), adding that the LHC had acquitted the accused. Justice Kakar noted that in these cases, the court had already ordered decisions within four months. “Why do you want to pursue this case now,” Justice Kakar asked the counsel. The counsel replied that the LHC exceeded its authority and acquitted the accused.

Justice Kakar reminded the Punjab government counsel that he has already given a verdict, declaring that the high court had full authority. He continued that if the LHC even receives a letter about injustice, it can act on that. “The high court cannot turn a blind eye if an injustice is being done,” he emphasised. The Punjab government counsel, however, contended that the LHC cannot use suo motu powers. At this, Justice Salahuddin Panwar remarked that in criminal revision, the high court even has suo motu powers. “After a year you remembered that the accused had committed a crime,” Justice Ishtiaq Ibrahim observed pointing to the Punjab government counsel.

“Tomorrow, you might add me or someone else to the May 9 cases,” Justice Ibrahim remarked.

Sanam Javed’s counsel told the court they had filed for acquittal along with the remand petition. “You know the legal status of a co-accused’s confession,” added Justice Kakar. Later, the court adjourned the hearing for date-in-office.

Meanwhile, the bench also heard Sheikh Rashid’s acquittal appeal in the GHQ attack case. The Punjab government requested time to present evidence in its appeal against Sheikh Rashid’s acquittal. The court, however, admonished the special prosecutor for seeking a delay.

Justice Kakar remarked that this court would only decide according to the law. “Even if the sky falls or the earth shakes, nothing will deviate from the law in this court,” he asserted. Later, the court adjourned the hearing until next week.