SC reserves contempt case verdict against additional registrar

ISLAMABAD: The Supreme Court of Pakistan on Thursday reserved verdict on a contempt of court show-cause to additional registrar for not fixing a case pertaining to the powers of constitutional and regular benches, ARY News reported.

As per details, the regular Bench consisting of Justice Syed Mansoor Ali Shah and Justice Aqeel Ahmed Abbasi heard today the contempt proceeding initiated against the Additional Registrar.

The SC bench headed by Senior Puisne Judge Justice Mansoor Ali Shah 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 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.

During today’s hearing, Justice Mansoor Ali Shah inquired whether a judicial order could be changed administratively. Advocate Hamid Khan responded that an administrative order cannot override a judicial order, citing the Supreme Court’s formation under Article 175 and the vesting of judicial power in the entire Supreme Court.

Justice Shah noted that the case at hand concerns the return of the Judges Committee, comprising the Chief Justice of Pakistan and Justice Amin-ud-Din Khan.

The court sought assistance on whether the judges’ committee can disregard a judicial order and whether such a decision can be reviewed by the full court.

Justice Aqeel Abbasi noted that there seems to be confusion over the matter, as the formation of benches was previously the prerogative of the Supreme Court. However, some powers of the court have since been curtailed, raising questions about the 26th Constitutional Amendment.

Justice Mansoor Ali Shah questioned whether any country allows the executive to form benches instead of the judiciary. Amicus curiae Hamid Khan responded that this does not happen anywhere.

The court also discussed Article 191A, which would allow the creation of a judicial commission for constitutional benches. Justice Abbasi raised concerns about potential overlap in this regard.

The Supreme Court will announce its verdict in the contempt of court case at a later date.

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.