SUO MOTO COGNIZANCE

Suo Moto is derived from a Latin term which proposes an action taken by an agency, court or other central authority on their own apprehension. In simple terms, it can be termed as taking control over a matter. Suo Moto cognizance is when the courts take a case on their own, in cases of negligence on an area of public authorities or government or whenever the court deems fit. Usually, a court takes a Suo Moto Cognizance of a legal matter when it receives information about the violation of rights or breach of duty through media or a third party’s notification. The judge shall pass orders on matters of public interest in his own accord, without being approached by any party regarding the matter.


In India, Suo moto can be warranted under Article 32 and Article 226 of the Constitution, which provides special power to the Supreme Court and supreme court to issue any directions to try to to or refrain to try to an act. In other words, when a court feels that a matter requires serious and immediate legal intervention, it acts Suo Motu. Supreme Court has been granted with Suo moto power Article 131 of the Indian Constitution.

APPLICATION OF SUO MOTO:

  • Contempt of Court: The courts can initiate Suo Moto contempt against a politician who prevents the delivery of justice or challenges the dignity of the court by means disobedience towards the court and ignorance of rules and regulations, code of conduct, and ethics followed during the court proceedings.
  • Reopen Old Cases: When someone brings to the notice that some new and substantial evidence discovered in a dismissed case, the courts have the power to require Suo Moto action and reopen the case to undertake it again.
  • Order looked for a replacement Case: If any court is of the opinion that some injustice is being done to an aggrieved person or a neighbourhood of individuals, the court can order probe at any level by any government authority, the department of local government, the CBI, etc. The court can take such action after receiving a letter from the affected section of individuals or on the idea of any news, documentary, or media source.


Illustration
A files a case against B (a hospital) of not admitting an accident patient who later died because of his injuries. In such a case, a petition is filed by A against B within the court of law, so on initiate the proceedings. However, if a court is enlightened by a report or by the other third-party sources, wherein a hospital has been exposed for its illegitimate practice of extorting money before admitting patients who require urgent treatment, then the court may take Suo moto action, which is taken on its own against the accused hospital. In such a case, the court may appoint a friend of the court to help it within the matter.

CONCLUSION:

Suo moto’s action by Indian courts are a sign of activism by the judiciary, along with the speedy delivery of justice by the courts. However, the court cannot Suo Moto decide the constitutionality of any government action unless challenged by an aggrieved party and also unless the determination of unconstitutionality be necessary for the decision of the case.

REFERENCES:

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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