Withdrawing cases from bench will undermine judicial independence, remarks Justice Shah

ISLAMABAD: Justice Mansoor Ali Shah on Tuesday remarked that withdrawing cases from the bench would undermine judicial independence.

The Supreme Court presided over the case regarding contempt of court for failing to schedule a case related to the powers of benches.

The Registrar of the Supreme Court appeared before the court, where Justice Mansoor remarked that if the Practice and Procedure Committee were to withdraw ongoing cases, judicial independence would be compromised.

He remarked that if a case appears to be against the government, it should not be removed from the bench. Justice Mansoor further questioned how an administrative level could overturn a judicial order.

During the hearing, the Registrar explained that the case was initially assigned to a constitutional bench but was mistakenly placed with a regular bench. Justice Aqeel Abasi pointed out that if it was indeed a mistake, why had it taken so long for it to be recognized. He added that the case involving the 26th constitutional amendment had not been heard previously due to difficulties in scheduling.

Justice Mansoor inquired how the Practice and Procedure Committee had handled this matter, and the Registrar clarified that a note had been sent to the Committee. Justice Mansoor responded that the judicial order was already clear, and questioned why a note had been written in the first place.

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The Registrar’s office note, however, contradicted their position, prompting Justice Mansoor to ask how the Committee had the authority to withdraw the case.

The Registrar defended the Committee’s ability to both schedule and withdraw cases, but Justice Mansoor disagreed, questioning how an administrative body could override a judicial directive.

Justice Aqeel Abasi expressed concern over the potential volatility of the current bench, humorously suggesting that any sharp question might lead to the dissolution of the bench.

The court raised further questions regarding the tax case and the constitutional amendment review that was withdrawn.

The Supreme Court has summoned the Attorney General for assistance and appointed senior lawyers, Hamid Khan and Munir A. Malik, as judicial assistants. The hearing has been adjourned until tomorrow.