He said this was view of Justice Saqib Nisar, which was reflected in his judgement in Abdul Wahab vs Habib Bank case. He said but when Justice Saqib became the chief justice, he saw his position and the country from a different perspective.
Former Chief Justice Saqib Nisar has often replied to this criticism by saying that it is the command of the Constitution that the Supreme Court of Pakistan can and should take up the issues under Article 184(3) of the Constitution, which are related to human rights.
The Constitution also requires where the functions in connection with the affairs of the federation or province or local authority are not being performed, which are required under law to do, it is on the superior court to take note thereof and pass appropriate orders.
CJP Khosa in his speech in Full Court Reference also expressed his views over the suo motu power. He had stated that suo moto exercise of this Court's jurisdiction under Article 184(3) of the Constitution shall be exercised very sparingly and only in respect of larger issues of national importance where either there is no other adequate or efficacious remedy available or the available constitutional or legal remedies are ineffective or are rendered incapacitated.
Either through a Full Court meeting or through a judicial exercise an effort shall be made to determine and lay down the scope and parameters of exercise of the original jurisdiction of this Court under Article 184(3) of the Constitution and, if deemed appropriate, to carve out the scope of an Intra-Court Appeal in such matters through an appropriate amendment of the Supreme Court Rules or to suitably amend the provisions relating to review jurisdiction so as to enlarge its scope in such cases, he added.