The Supreme Court of India has frequently heard matters "suo Motu." This implies that they take up matters on their initiative without filing any petition or interest that may be placed before them.
Although Section 23 of the Contempt of Courts Act of 1971 grants such power for contempt of court, the use of the process in the writ or judicial review jurisdiction has been unique; it originated from the method being more flexible when taking PILs into account. The Sunil Batra case is frequently cited as the first occurrence. The Supreme Court Rules, 2013, Order 38, Rule 12(1) (a), formalized the process for Suo Motu petitions only in 2014.
Some instances taken for Suo Motu cognizance by Indian courts are as follows:
Contempt of Court: Contempt of court is defined as ignorance of the laws, norms, and codes of ethics that are observed in a court of law. The court often brings a case for Suo Motu contempt against an official who obstructs the administration of justice or makes vulnerable the court's honour.
Order probe for a New Case: The Court has the jurisdiction to order an investigation at any level by any government agency, police department, CBI, or other agency if it believes that an individual or group of individuals is being mistreated. The court may also act based on information from any documentary, news, or media source or in response to a letter from the impacted group of persons.
Reopen of old/closed Cases: The courts can take Suo Motu action to reopen a case if any new and substantial evidence is found after the case is closed.
Significant Suo Motu Cases in India
Over time, the Indian judicial system has handled a great deal of Suo Motu cases, addressing a wide range of concerns and ensuring equity. Several crucial models consist of:
Murthal Rape Case: The Punjab and Haryana High Court granted Suo Motu cognizance of the incident in the Murthal Rape case. The state government was ordered by the court to provide phone logs of senior police officials who were in the area at the time of the incident. This case demonstrates the legal executive's proactive approach to ensuring accountability and preventing breaches against women.
Air Pollution in Delhi: Delhi's air pollution issue has drawn a great deal of attention. Several times, the courts have taken Suo Motu notice of this issue, guiding how to control pollution and protect the welfare and prosperity of the populace. This ongoing Suo Motu case demonstrates the duty of the legal branch to address environmental problems and ensure that everyone lives in an ideal and secure environment.
COVID-19 Pandemic: In 2020, during the initial wave of the Coronavirus pandemic, the Supreme Court granted Suo Motu review to a few issues about the distribution and availability of essential goods. The court played a crucial role in addressing the challenges posed by the epidemic and protecting citizens' freedom.