I would like to invite those interested in law and constitution to comment on this post. Here I am looking at the role of Suomoto Judgment in criminal cases and cases related to corruption. I think suo-moto was originally conceived in the constitution for constitutional cases and constitutional rights cases that require immediate action where general interest of people is being violated.
If I think someone is guilty, then the legal course for me is to pursue the case as per "due process of law" under article 10A of constitution that upholds the "right to fair trial" as a fundamental human right. This applies equally to all citizens especially more so to CJP whose primary responsibility is to uphold the rule of law in dispensation of justice through ALL levels of judiciary: The fundamental criteria for evaluating quality of justice include "justice delayed is justice denied" and "justice should not only be done but also seen to be done".
The due process of law hinges on the assumption of "innocence unless proven guilty" and the process includes (i) right to be charged in front of court of law, (ii) open trial, (iii) prosecution, (iv) presentation of witnesses and evidence in an open court, (v) right to defense (vi) right to cross examine the witnesses and evidence, (vii) open verdict, (viii) right to appeal....
The table given above compares SC's suo-moto judgments for criminal cases with SMTs i.e. Summary Military Courts Trials (or Kangaroo Courts). It is interesting to note that Suo-moto cases fare worse than even the SMTs in the following areas:
If I think someone is guilty, then the legal course for me is to pursue the case as per "due process of law" under article 10A of constitution that upholds the "right to fair trial" as a fundamental human right. This applies equally to all citizens especially more so to CJP whose primary responsibility is to uphold the rule of law in dispensation of justice through ALL levels of judiciary: The fundamental criteria for evaluating quality of justice include "justice delayed is justice denied" and "justice should not only be done but also seen to be done".
The due process of law hinges on the assumption of "innocence unless proven guilty" and the process includes (i) right to be charged in front of court of law, (ii) open trial, (iii) prosecution, (iv) presentation of witnesses and evidence in an open court, (v) right to defense (vi) right to cross examine the witnesses and evidence, (vii) open verdict, (viii) right to appeal....
The table given above compares SC's suo-moto judgments for criminal cases with SMTs i.e. Summary Military Courts Trials (or Kangaroo Courts). It is interesting to note that Suo-moto cases fare worse than even the SMTs in the following areas:
- Right to be charged and tried in a trial court: Here the SMT is at least a trial court. Whereas, a suo-moto case neither charges the defendant nor give him the opportunity for a trial. SMTs often are not open trials. Many a time in a suo-moto hearing several people are called at once and no one knows who is a defendant or witness or accuser.
- Prosecutor presents the case against the defendant. At least SMT has a prosecutor who reads out the charges. Whereas, there are no formal charges in a suo-moto hearing. CJP may ask any question on the spur of the moment or may say anything on any matter relevant or irrelevant. Even the nature of the case is not clear at the time. The case unfolds at the whims of the judge.
- Presentation of evidence or witnesses. At least the SMTs go through some facade of witnesses or evidence
- Right to defendants to articulate the defense or rebuttal the allegations. Often during the suo-moto the defendant is given no time or opportunity to speak or rebut the allegations.
- Right to cross examine the witness or evide. In suo-moto cases, a judge gives no opportunity to the defendant to cross examine the witnesss or evidence. SMTs are also similar in this.
- Right to appeal: Both the suo-moto and the SMTs often provide not recourse for appeal. Some times, there is a limited option of appeal in SMTs. But, once supreme court has given a decision, who can dispute or hear the appeal. Often in a suo-moto case, the appeal is heard by the same judges who had given the previous decision.
- Presumption of Innocent unless proven guilty. Both suo-moto as well as SMTs indicate that the presumption has been reversed. People are called to these hearings on the assumption that they are guilty unless proven innocent. However, the hands are tied behind the defendants as they are not given the due process of law to establish their innocence.
- Justice should not only be done, but also seen to be done. This maxim gets violated the moment these two type of hearings take place. The fundamental foundation of modern system of justice is violated in both these hearings on this account.
References
- Is suo motu action the only way to get justice in a country like Pakistan?
- A question of suo-moto
- The exercise of suo motu
- Judicial Activism Of The High Court Using SUO MOTU
- A History of the Judiciary in Pakistan by Hamid Khan
See Also:
- Is Pakistan under a Judicial Martial Law? CJMLA parallel with CMLA
- Dictator Gen Musharraf as Slave Trader and Bounty Hunter: Costs of Joining War on Terror
- How Corruption is being Eliminated in Pakistan since 1950s: Corruption as a Ruse to Maintain Status Quo
- Can a Strong Clean Leader or Suomoto Judgments Solve All Problems of Pakistan
- Agenda to Ensure Supremacy of Law and Constitution in Pakistan
- Is Illiteracy Responsible for Problems of Pakistan? Narrative to Justify Neocolonialism and dictatorial rule
- Pakistan Helped US Become Superpower- In the Service of Neocolonialism
- DoN godfathers Political Engineering of the SC Bench to Obtain Doctrine of Necessity Judgement
- Justice Delayed is Justice Denied: Covey's First Habit Advice to Chief Justice of Pakistan
- Baba Rehmatay- From Chief Justice to Chief Executive: Tilting at the Windmills?
- Constitutional Solution to Curb Horsetrading in Pakistan
- How Neocolonialism Keeps Developing Countries like Pakistan and Afghanistan Perpetually Destabilized
- What Options Gen Musharraf had after 9-11 when US threatened to send Pakistan to stone age?
- Is Justice Munir's Doctrine of Necessity Dead or Alive?
- Narratives Designed to Dishonor Popular Choice and Support Neo-Colonialism
- Why Dictator Generals are Weaker than Civilians Rulers in Withstanding External Pressure
- Doctrine of Necessity from CJ Munir to Judge Khosa: Role of Judiciary in the Service of Neocolonialism
- SC Judgement as Project Assignment for Finance Accounting Students: SC Disqualifies PM on not Declaring Uncollected Receivables as Income
- SC Interpretation of Sadiq and Ameen in Disqualification of PM Nawaz Sharif
- SC Panama Case Judgement and Crowds Clamoring for the Heads of Rich under Robespierre
- Essential Law for Masses: Perry Mason and my Learning
- Role of Sharifuddin Pirzada in Promulgating Martial Laws for Every Dictator of Pakistan
- Why Dictatorships are Weaker in Accountability than Constitutional Governments
- Importance of Literature in Law: A Case Study of the Panama Case Supreme Court Judgement
- At What Cost! Why Compute Economic Costs of Faulty Political Decisions
- Who has Greater Will and Resolve in controlling Karachi Disturbances: Dictators vs Civilian Governments
- Traitor/Foreign Agent Production Factory of Pakistan
- Field Marshals of Pakistan: Costs of Sycophancy and Political Expediency
- Costs of Justice Munir's Doctrine of Necessity: 4 Martial Laws and 35 years of dictatorships
- Costs of Military Dictatorships of Pakistan
- Costs of General Musharraf's Dictatorship
- Costs of General Ayub's Dicatatorship
- Why Pakistani Democracies are a Sham? Costs of Controlling a Democracy from Outside
- Costs of General Zia's Dictatorship in Pakistan
- Costs of Sham Democracratic Governments in Pakistan
- Remembering East Pakistan: We look before and after, And pine for what is not
- At What Cost! Fazle Hasan of IBA and our Computation of Economic Costs
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