Article 184

The Supreme Court of Pakistan, under article 184 (3) of Pakistan, can act on its own or on
the application of any person with the condition that if the SC considers that any of the
rights mentioned in the Fundamental Rights Chapter, is violated and that rights involve the
public importance. The invocation of the original jurisdiction of the Supreme Court, also
known as Suo Motu under article 184 (3), is a buzzword known to all and sundry in the
country. The excessive invocation of this article 184(3) generates a debate in the legal
community about whether Apex Court is encroaching on the legislature and executive
functions. The debate involves judicial activism and judicial restraint. One common
objective exists that by taking excessive Suo motu, there is no appeal against the order of SC;
hence fundamental rights of access to justice are violated, and on the other hand, the
doctrine of separation of power though not expressly embodied in our Constitution but
exist; that every organ of the State should remain within its sphere and mutual respect be
given to every other organ of the State. Another restriction in taking Suo motu is the express
word of article 184 (3) says that without the prejudice of the provisions of article 199, the SC
can act.
Article 184(3) does not on the plain reading go so far as to show who has the right to
approach the Supreme Court nor does it say by what proceedings the Supreme Court may
be so moved or if the proceedings under the said Article are confined to the enforcement of
the fundamental right of an individual only or they extend to the enforcement of the rights
of a group of class of persons whose rights are violated.
Jurisdiction:
Original jurisdiction of this Court under Article 184(3) of the Constitution is not only
“discretionary” but also “special” and “extraordinary”, which is to be exercised “with
circumspection”only in the “exceptional cases” of public importance Relating to the
enforcement of fundamental rights that are considered “fit” for being dealt with under this
jurisdiction by the Court. This jurisdiction of the Court is special and extraordinary, for in the
exercise Of it the Court acts as the first and the final arbiter, which leaves a party aggrieved
of the determination made by the Court with no remedy Of appeal to any higher court.
Powers of High Court under Article 199 of the Constitution of Pakistan, 1973
In the Constitution of Islamic Republic of Pakistan, 1973 under Article 199 i.e. Jurisdiction of
High Court, which makes the High court powerful Institution and anyone can file a case in
High Court within the Jurisdiction of the High court in any province of Pakistan. According to
the Constitution of the Pakistan 1973 under Article 199 i.e. Jurisdiction of High Court which
states that (1) “subject to the Constitution a High Court may, if it is satisfied that no other
adequate remedy is provided by law. Clause (a) which states that on the application of any
aggrieved party, make an order.” Its mean the High Court have the power or right or capacity
to bring an action or to provide remedy to the applicant under this Article in Court (locus
standi).
Article 199 of the Pakistan constitution according to clause (C) which states that “on the
application of any aggrieved person, make an order giving such directions to any person or
authority, including any Government exercising any power or performing any function in, or
in relation to, any territory within the jurisdiction of that Court as may be appropriate for the
enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II.” According
to this clause High Court have power and can enforce any of Fundamental Rights which are
or would be violated, under Article 199.
Further, in clause (2) of the Article 199 which states that “Subject to the Constitution, the
right to move a High Court for the enforcement of any of the Fundamental Rights conferred
by Chapter 1 of Part II shall not be abridged.” Its means if any of the Fundamental Rights are
violated then the citizens have right to file a case direct to High Court under Article 199.
According to clause (3) of Article 199, the clause (1) cannot be applied on the armed force or
any other kind of forces, because the army have their own Military Court.
According the Article 199, under clause (4) which means that if an application is made to a
High Court for an order which comes in under paragraph (a) or (c) of clause (1). Further it say
that if the order will passes then it will be only interim order (limited time period), because if
it would for a longer period of time then it will affect the public work or public interest or state
property or collection of public revenues.

Moreover, according to clause (4B) of the Article 199 which means that if a High Court issued an

interim order, then within the six months High court should take a final decision. Because

otherwise the importance of the interim order will be futile or serve no purpose.