ISLAMABAD:
The Additional Registrar of the Supreme Court of Pakistan has filed his reply and requested the court to withdraw the notice of contempt of court as he disobeyed the court but wrote a memorandum in light of the court order to the Practice and Procedure Committee of the SC.
The two-member bench of the SC, headed by Justice Mansoor Ali Shah and comprising Justice Aqeel Abbasi, on Thursday reserved its judgment to be announced later.
The court heard the judgment of contempt of court against the Additional Registrar (Judicial) on Thursday for not determining the issue of jurisdiction of a particular bench ordered by the three-member bench of the SCP.
Justice Mansoor Ali Shah observed that the fundamental question before the court is whether the Judicial Committee can withdraw a case from a particular court superseding a court order? Can a court order be modified or superseded by an administrative forum?
Amicus Curiae lawyer Hamid Khan argued before the court that a judicial order cannot be modified or superseded by an administrative order.
Justice Syed Mansoor Ali Shah asked the amicus curiae that the case is about withdrawal of a case by the Judicial Committee. The two-member bench of judges, comprising Chief Justice of Pakistan Justice Yahya Afridi and Justice Amin ud Din Khan, ignored the court order. Can the matter be referred to a full court in such a case? The court needs help with the question.
Justice Aqeel Abbasi observed that there is confusion in the whole case. Rule making was formerly the SCP’s jurisdiction. Now it appears that certain jurisdictions of the Supreme Court have been curtailed. This led to the questioning of Amendment 26.
Justice Mansoor questioned that there is any precedent for the executive to constitute benches in any country?
“No sir, nowhere do the benches consist of the executive instead of the judiciary”, replied Hamid Khan.
Amicus Curiae Advocate Muhammad Ahsan Bhoon opined before the court that the matter should be sent to the Chief Justice. The committee has the right to submit cases to the courts. A full court cannot be convened through a court order. It will create a hell of a problem. There are elements that want to destroy the institutions.
Justice Mansoor observed that the main purpose of this whole practice is to save institutions and we are doing this.
Advocate General of Pakistan Mansoor Usman Awan argued before the court that the present court is not fit for the hearing of the contempt notice. The chief justice must form a bench for this purpose in accordance with the rules of the Supreme Court. This bench has no jurisdiction to issue the notice of contempt of court. The procedure for contempt of court is clear and the authority to constitute a court for this purpose lies with the CJP.
The court, after concluding arguments, reserved its judgment to be announced later.
