On August 18, the Supreme Court registered a suo motu case to investigate the recent brutal rape and murder of a doctor at Kolkata’s RG Kar Hospital.
Although the Calcutta High Court has already transferred the case to the Central Bureau of Investigation (CBI), the Supreme Court’s involvement raises questions about how it will ensure swift justice in this matter.
The Supreme Court’s power to initiate cases on its own stems from its Public Interest Litigation (PIL) jurisdiction under Article 32 of the Constitution, and it is also linked to Article 142, which allows the Court to pass any order necessary for doing complete justice in any case before it.
Over the years, the Supreme Court has emphasized the need for caution in exercising this extraordinary jurisdiction, acknowledging that High Courts, with their broad writ powers and local knowledge, are often better positioned to address regional issues.
Despite this caution, the Supreme Court has initiated 46 suo motu cases between 1990 and 2021, addressing critical issues like the COVID-19 migrant worker crisis and the Manipur riots.
Here are ten recent suo motu cases taken up by the Supreme Court:
Punjab and Haryana High Court Judge’s Criticism of the Supreme Court:
In July 2024, the Supreme Court registered a suo motu case after Justice Rajbir Sehrawat of the Punjab and Haryana High Court criticized the Supreme Court’s interference in contempt proceedings. A five-judge Bench expressed concern over these remarks, which bordered on contempt, and expunged them from the record.
Deaths of UPSC Aspirants:
On August 5, 2024, the Court took suo motu cognizance of the deaths of three IAS aspirants who drowned after rainwater flooded a Delhi coaching center. The Court sought responses from the Central and Delhi governments on safety measures to prevent such incidents.
Assault on Senior Advocate Gaurav Bhatia:
In March 2024, the Supreme Court took suo motu notice of the assault on Senior Advocate Gaurav Bhatia and Advocate Muskan Gupta in a Greater Noida court. The Court emphasized the seriousness of the incident and issued notices to relevant parties.
Exclusion of Visually Impaired Candidates from Madhya Pradesh Judicial Service:
In March 2024, the Supreme Court addressed the exclusion of visually impaired candidates from Madhya Pradesh’s judicial service. The Court allowed these candidates to participate in exams and ensured accommodations for them, closing the case after issuing necessary directions.
Justice Abhijit Gangopadhyay v. Justice Soumen Sen:
In January 2024, the Supreme Court intervened in a controversy between Calcutta High Court judges. The Court transferred the case to itself and emphasized maintaining the dignity of the judiciary.
Termination of Six Women Judges:
In January 2024, the Supreme Court addressed the termination of six women judges in Madhya Pradesh. The Court later requested the Madhya Pradesh High Court to reconsider the cases of these judicial officers.
Possession of Unlicensed Firearms in Uttar Pradesh:
In February 2023, the Supreme Court took suo motu notice of the widespread possession of unlicensed firearms in Uttar Pradesh. The Court directed the State to report on the issue, and the case remains pending.
Calcutta High Court Order on Adolescent Girls’ Sexual Urges:
In December 2023, the Supreme Court took suo motu cognizance of a controversial Calcutta High Court ruling advising adolescent girls to control their sexual urges. The Supreme Court criticized the High Court’s comments and the judgment is expected soon.
Manipur Violence:
The Supreme Court is handling several suo motu cases related to the violence in Manipur, including a case involving the viral video of women being paraded naked. The Court has formed a judicial committee to oversee the investigation and address victims’ compensation.
Delayed Pension for Former Bombay High Court Staff:
In April 2023, the Supreme Court took suo motu action after receiving letters from former Bombay High Court employees about delayed pensions. The Court has issued notices but the case is still pending, though it has led to some changes in pension rules.
These cases illustrate the Supreme Court’s active role in addressing pressing legal and social issues across the country through its suo motu jurisdiction.
