A constitutional petition challenging suo motu powers of the Supreme Court and High Courts (HC) was filed in the SC Lahore registry on Thursday.
The petitioner barrister Zafarullah Khan said in his petition that the judiciary was an independent institution as per constitution and was separate from the executive. Prosecution department is a subordinate department of the administration. In the matter of the suo motu notice, it is bound to seek directives from the judiciary instead of government. This is overstepping of its powers by the judiciary.
The petition further said that superior judiciary has no powers under the constitution to hold trial. But the superior judiciary gives decision through summary trial in suo motu notices. This constitutes gross breach of article 10-A of the constitution.
It was prayed in the petition that superior judiciary powers of taking suo motu notice be nullified and this case be heard on priority basis in view of the sensitivity of the matter.