Supreme Court Justice Mansoor Ali Shah has declared the delay in scheduling the court powers case as “contempt of court” and is calling on Chief Justice Yahya Afridi to address the matter immediately.

In a letter co-signed by Justices Ayesha Malik and Aqeel Abbasi, concerns were raised over the handling of court orders, Express News reported.

Sources reported that Justice Amin-ud-Din Khan was also informed through a separate letter which referred to Justice Abbasi’s recent induction in the court on January 16. The judges expressed displeasure at the failure to schedule the case for a Jan. 20 hearing.

Justice Mansoor’s letter criticized the procedural delays and argued that the bench could have been formed earlier to ensure timely procedure.

He further stated that disregarding court orders undermines the authority of the court.

The issue has sparked debate about case law and compliance with the court’s administrative processes.

The Supreme Court’s process committee, which met on 17 January, was also mentioned in the correspondence. Justice Mansoor emphasized that his position on the matter is already on record.

SC issues notice of contempt to additional registrar

After issuing a contempt notice to the additional registrar for failing to fix cases related to the 26th amendment before an ordinary court, the Supreme Court has now listed all petitions challenging the constitutional tweak before an eight-judge constitution bench.

The hearing is scheduled for January 27 (Monday).

The move comes after a three-judge regular bench headed by Justice Syed Mansoor Ali Shah expressed serious concern over the delay in hearing the case, questioning whether the jurisdiction of the SC’s regular benches could be curtailed through the 26th Amendment .

The bench was surprised that the SC office did not settle the matter following the committee’s decision, which was not even in written form.

During Monday’s hearing, Justice Shah’s bench criticized the Supreme Court’s office for not scheduling the case following the committee’s decision, which was yet to be documented in writing. The court issued a show-cause notice to the additional registrar and summoned him for an explanation on Tuesday (today).

Earlier, Justice Mansoor Ali Shah and Justice Munib Akhtar had urged Chief Justice of Pakistan (CJP) Yahya Khan Afridi to immediately fix hearings for pleas challenging the 26th constitutional amendment.

The dispute began on 31 October 2024 when Justices Shah and Akhtar formally sent a letter to CJ Afridi inviting him to appear under the Supreme Court Practice and Procedure Act, 2023.