ISLAMABAD, (APP – UrduPoint / Pakistan Point News – 30th Jul, 2026) The Supreme Court of Pakistan has ruled that no court or tribunal can exceed its statutory jurisdiction by initiating suo motu proceedings or issuing directions on matters that are not part of the petition before it, observing that no order can be passed against any person without first providing them an opportunity of being heard, as this is a fundamental requirement of justice.
A two-member bench comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali allowed appeals filed against a decision of the Khyber Pakhtunkhwa Medical Teaching Institutions (MTI) Appellate Tribunal, holding that the tribunal had acted beyond its lawful authority and did not possess suo motu powers under the law.
In its judgment, the apex court observed that although the tribunal had dismissed the appeals of two doctors, it went on to issue directions for scrutiny of promotions made since 2015, ordered the demotion of several employees, and declared the amended promotion policy void, even though these issues were not part of the appeals.
The court further noted that the affected employees were condemned without being heard, which violated the principles of natural justice and the constitutional guarantee of a fair trial.
The judgment stated that under Article 175(2) of the Constitution, every court or tribunal can exercise only those powers that are expressly conferred upon it by the Constitution or the law. It added that policy-making and administrative matters fall within the domain of the relevant institutions and not judicial or quasi-judicial forums acting beyond their jurisdiction.
The Supreme Court set aside the MTI Appellate Tribunal’s judgment dated May 22, 2025, and directed that Dr Yasir Rehman Khattak and Dr Nasreen Kishwar submit fresh applications for promotion, which the competent authority shall decide strictly in accordance with the law.
