SC delists contempt of court case against Additional Registrar

ISLAMABAD: The Registrar Office of the Supreme Court (SC) of Pakistan has delisted a contempt of court case, set to be heard on Wednesday, against its Additional Registrar Nazar Abbas, ARY News reported.

The SC bench headed by Senior Puisne Judge Justice Mansoor Ali Shah on Monday issued a contempt of court notice to the additional registrar for transferring a case pertaining to the jurisdiction of regular benches to the constitutional bench.

The SC bench ordered Additional Registrar Nazar Abbas to appear in person on Wednesday and explain as to why contempt of court proceedings should not be initiated against him.

The delisting of the case marked a significant update in its status as it was removed from the court’s roster for January 22.

The case concerned whether the SC’s normal benches may rule on the validity of Article 191-A, which established the constitutional bench following the 26th Amendment.

The issue came up on January 13 when the federal government filed a plea against a Sindh High Court ruling that invalidated Section 221-A(2) of the Customs Act, 1969, before a three-judge panel made up of Justice Syed Mansoor Ali Shah, Justice Ayesha A. Malik, and Justice Irfan Saadat Khan.

The petitioner had claimed that because the issue contained challenges to the constitutionality of legislation, the normal bench cannot hear it.

Earlier during the hearing on Monday, Barrister Salahuddin informed the bench that the court had ordered to fix the case, but the cause list was not issued.

“Why the case with regard to the Supreme Court benches powers, was not fixed before the court,” Justice Syed Mansoor Ali Shah asked as he summoned the court official.

Deputy Registrar Zulfiqar Ahmed appeared before the court and informed about the leave of the additional registrar.

Deputy Registrar informed the court that the Judges Committee has decided that the case with regard to the constitutional amendment will be fixed before the Constitutional Bench on January 27.

“I am also a member of the committee, I have been unaware about it,” Justice Mansoor Ali Shah said.

Justice Ayisha Malik asked why the cause list of the entire week has been changed and demanded a written order to this respect.

Deputy Registrar said they didn’t receive any written order of the judges committee. “When the office didn’t receive any order, why the case has not been fixed,” Justice Shah questioned.

Justice Aqeel Abbasi remarked that no one has been authorized to transfer the case.