ISLAMABAD: Supreme Court has reserved the verdict in the contempt of court case against the Additional Registrar for delisting the Benches Powers case.
Two member bench of the Supreme Court heard a contempt of court case against the Additional Registrar for not appointing the Benches Powers case for hearing.
During the hearing, Justice Mansoor Ali Shah said, main question before us is whether the judges committee could have withdrawn the case in the presence of the judicial order. Can a judicial order not be replaced by an administrative order? On this, the judicial assistant lawyer Hamid Khan said that the administrative order cannot change the court order.
Justice Mansoor said, the case before us is related to the withdrawal of the Judges Committee, the Chief Justice of Pakistan and Justice Amin Uddin Khan are part of the Judges Committee. Can the matter go to full court? Please support this question.
Justice Aqeel Abbasi said, it seems that there is confusion on this matter, in the past, the benches were made as if it was the authority of the Supreme Court to make rules on matters, now some powers of the Supreme Court have been abolished, the question of the 26th constitutional amendment.
Justice Mansoor asked whether the benches in any country make the executive instead of the judiciary? Is there an example? On this, Hamid Khan said that the benches were made by the executive instead of the judiciary, this does not happen anywhere.
Justice Mansoor Shah remarked that a constitutional bench will form a judicial commission under Article 191A. Justice Aqeel said, “If you keep Article 191A in front, is it not overlapping?” On this, Hamid Khan said, Parliament can decide the jurisdiction of every court except the Supreme Court through legislation, but the Parliament cannot weaken the powers of the Supreme Court.
Lawyer Hamid Khan said, Practice and Procedure Committee has the authority to appoint the cases of the Constitution Bench. Justice Mansoor questioned on this what will happen if the committee does not follow the judicial order. A full court was also constituted in the Raja Aamir case.
Justice Mansoor asked whether the Practice and Procedure Committee can withdraw the case under Article 2A or not. Can the Practice and Procedure Committee ignore the judicial order? On this, Hamid Khan said, there should not be a situation that ignores the judicial order of the Procedure Committee.
Justice Mansoor asked whether the Supreme Court Rules 1980 will make a full court chief justice or a practice procedure committee? Can the matter be referred to the Judges Committee for constitution of full court by judicial order?
On the other hand, sources say that Additional Registrar Supreme Court Nazar Abbas submitted the response to the show cause notice in the court.
According to the sources, the additional registrar in his reply requested the court to withdraw the show cause notice and said, he did not disobey the court order, he had made a note and sent it to the practice procedure committee.
Justice Aqeel Abbasi said, legal matters are resolved by the benches and courts, the committee is also on top of the rules, the rules are also on top of each other.
Judicial assistant lawyer Ahsan Bhoon said, Chief Justice should place the matter before the committee, the power of Parliament is to legislate in the federation with a two-thirds majority, the committee appoints proper cases before the bench.
Justice Mansoor remarked, what should the Chief Justice do then? That is, you are saying that the committee did the right thing? Put the problem before the committee? To this, Ahsan Bhoon replied that the full court cannot be under judicial order, otherwise there will be a riot. Here, people are engaged in destroying the institution, everyone wants their own parliament, their own judges, their own Supreme Court, on this Justice Mansoor said, that we are engaged only to save the institution.
In the hearing, Attorney General Mansoor Awan said, current bench for contempt of court has not been properly constituted, the Chief Justice will decide to form a bench for contempt of court under the Supreme Court Rules, and this bench will hear contempt of court. , this matter falls under the ambit of civil or criminal contempt, the entire procedure of contempt of court has been given which is under the authority of the Chief Justice.
Later, the Supreme Court reserved the verdict in the contempt of court case, which will be heard later.