ISLAMABAD: The Supreme Court of Pakistan on Thursday reserved its verdict in a contempt of court show-cause case against an additional registrar for failing to schedule a hearing on a matter related to the powers of constitutional and regular benches.
According to details, the contempt proceedings were heard by a regular bench comprising Justice Syed Mansoor Ali Shah and Justice Aqeel Ahmed Abbasi. The case revolved around whether the SC’s regular benches could decide on the validity of Article 191-A, which established the constitutional bench following the 26th Amendment.
The issue initially arose on January 13 when the federal government filed an appeal against a Sindh High Court decision that declared Section 221-A(2) of the Customs Act, 1969, invalid. A three-judge bench, including Justice Syed Mansoor Ali Shah, Justice Ayesha A. Malik, and Justice Irfan Saadat Khan, had taken up the case. The petitioner argued that cases involving challenges to the constitutionality of legislation should not be heard by a regular bench.
During Monday’s hearing, Barrister Salahuddin informed the court that the case had not been scheduled despite court orders. Justice Syed Mansoor Ali Shah inquired why the case, pertaining to the powers of SC benches, had not been brought before the court and summoned the concerned court official.
Deputy Registrar Zulfiqar Ahmed appeared and explained that the additional registrar was on leave. He also informed the court that the Judges Committee had decided to schedule the case on January 27 before the Constitutional Bench.
Justice Mansoor Ali Shah expressed surprise, stating that as a member of the committee, he was unaware of this decision. Justice Ayesha Malik questioned why the weekly cause list had been altered and demanded a written order for such changes.
The Deputy Registrar admitted that no written order from the Judges Committee had been received. Justice Shah questioned why the case had not been scheduled in the absence of such an order, while Justice Aqeel Abbasi remarked that no one had the authority to transfer the case.
