The Supreme Court has withdrawn a contempt issued to the supplementary justice secretary (judicial) Nazar Abbas.
The bench consisting of Judge Syed Mansoor Ali Shah and Judge Aqeel Abbasi announced the verdict on Monday, Express News reported.
The court ruled that Nazar Abbas acted without evil or personal gain in handling the schedule of the case. “There was no negligence or intentional breach of court orders in his actions,” the verdict read.
The judgment was that the Practice and Procedure Committee exceeded its power by withdrawing a case already subject to court orders. Similarly, the judicial committees lacked mandate to override a court order through administrative decisions.
“The committees ignored the judicial order, and this case requires a resolution of a full court,” the court noted, adding that, in accordance with Article 175 (6) of the Constitution, only a full court could decide on the actions of committees.
The bench has referred the issue to the judge in Pakistan, Umar Ata Bandial, and recommended the formation of a full court to decide whether the actions of the judicial committees constituted contempt.
The bench also ordered that a customs case that was mistakenly revoked was transferred to the original three-man bench that had originally treated it.
The chief of justice will now decide on Notice of a full court to deal with the procedural and administrative irregularities mentioned in the order.
During previous hearing, Judge Shah noted that after the formation of a constitutional bench (CB) in SC in the light of the 26th constitutional amendment, a majority of cases were moved to CB.
He said there was a need to revise the jurisdiction of the ordinary benches in relation to CB. The court later issued messages to the respondents.
At the next consultation date of January 16, one of the members of the bench, Judge Khan, was replaced with Judge Aqeel Abbasi, who had heard the Customs Act’s case as a judge in Sindh High Court. The bench expressed amazement over the change in the composition of the bench and demanded that the previous bench be restored when the exposed consultation until January 20.
However, an SC committee led by the judge of Pakistan Yahya Afridi on January 17, on January 17, ordered his office to withdraw these cases from the ordinary bench and presented them to the CB Committee set up under Article 191a of the Constitution for resumption on the list.
This step irritated the ordinary bench members who sent out a contempt to the extra registrar (judicial). The members of the bench also wrote a letter to the committee led by CJP Afridi.
In the letter, they stated that the office’s failure to comply with a court order from the Court not only undermines the institution’s integrity, but was also contrary to a laid law from this court that administrative orders cannot deprive the court’s jurisdiction knowledge of a case. “
Despite the letter, SC’s general committee did not review its decision to withdraw the case from the ordinary court, but removed the extra registrar “due to serious lapse” on January 21.