Sindh Yüksek Mahkemesi: 26. Anayasa Değişikliği Suo Motu Yetkisini Kaldırdı

High courts no longer hold suo motu powers, says SHC

KARACHI: The Sindh High Court has dismissed a petition seeking formation of a joint investigation team to probe and recover the body of a man allegedly killed in the name of so-called ‘honour’ and observed that with the passage of 26th Amendment, the legislature has taken away suo motu powers of the high courts. A two-judge constitutional bench of the SHC comprising Justice Muhammad Saleem Jessar and Justice Nisar Ahmed Bhanbhro noted that the instant matter was originated from a telegram/application dispatched by the mother of a victim from Larkana via courier and the then chief justice of the SHC took cognizance of the same and converted it into a constitutional petition in April 2023. However, it also noted that the matter has become infructuous since the high courts have no more suo motu powers and the petitioner was at liberty to agitate her grievances before the appellate forum where her criminal appeal against acquittal of the accused was pending adjudication. Noor Bibi had sent an application to the chief justice of SHC and submitted that her son Ali Ahmed Brohi was killed in January 2023 in Larkana on the allegation of “karo-kari” by her relatives and his body was thrown in the river. Bench dismisses woman’s plea for JIT in ‘karo-kari’ case, says legislature took away its suo motu powers thru 26th Amendment She had also submitted that police registered a case about abduction and murder of her son on the order of the district and sessions court Larkana, but a Jirga had asked the petitioner to settle the issue against Rs500,000. However, the petitioner maintained that she and her family did not accept the decision of the Jirga and pleaded for justice, fair investigation of the case through a JIT and recovery of the body. The constitutional bench in its order said that after due process of law and completion of the investigation, the case was chargesheeted and subsequently was tried by an additional district and sessions judge of Larkana. It also stated that as per counsel for the petitioner, the trial court had disposed of the case resulting in acquittal of the nominated accused persons and an appeal against such decision had been filed by the petitioner which remained pending adjudication before the SHC Circuit Court at Larkana. Notwithstanding the acquittal, the bench further said that both the counsel and the petitioner insisted that since body of the deceased had not yet been recovered and the case had culminated in acquittal of the accused, appropriate directions may be issued to the authorities concerned to make efforts for the recovery of body of the deceased. “We have examined the record and observe that instant matter originated from a telegram/application dispatched by the petitioner via courier. The then learned Chief Justice of this Court took cognizance of the same and converted it into a constitution petition on 14.04.2023. Following the passage of the Constitution (Twenty-Sixth Amendment) Act, 2024, Suo Motu powers vested with the high courts have been taken away by the legislature therefore this petition in view of above legal position has become infructuous and is hereby dismissed accordingly”. However, the bench said that the petitioner was at liberty to agitate her grievances and place any relevant material before the appellate forum where her criminal appeal against acquittal of the accused was pending adjudication. It may be recalled that earlier, various regular benches of the SHC had passed several orders on the subject matter summoning senior police officials, directing them to ensure arrest of absconders, recovery the body of victim, provide protection to a woman, allegedly linked with the murder, and file investigation reports before trial court. In May 2023, the SHC had also ordered the police to record the statement of Safia, who appeared to be a potential star witness in the case, and also ordered the senior police officers to provide protection and place the woman in Darul Aman, if any security reasons raised as it was potentially a case of “karo-kari”. Later, the police had submitted before the SHC that the statement of a woman was recorded and she denied the allegation of “karo-kari”, but opted to stay at the house of her parents while three accused persons, including the father of woman had been apprehended and some others were still at large. Published in Dawn, June 14th, 2026