Justice Mansoor Ali Shah of the Supreme Court has clarified that the bench powers case is unrelated to the 26th Constitutional Amendment, emphasizing that any fears expressed in the matter are personal. His remarks were made during a contempt of court hearing concerning the improper scheduling of cases. Justice Shah, along with Justice Aqeel Ahmed Abbasi, presided over the hearing.
The case revolves around an error made by Additional Registrar Nazar Abbas in fixing cases. Matters meant for the constitutional bench, including challenges to the Customs Act 1969, were incorrectly assigned to a regular bench. The oversight was acknowledged by the Judicial Branch, which sought a resolution under the Supreme Court (Practice and Procedure) Act 2023.
A committee chaired by the Chief Justice of Pakistan (CJP) convened on January 17 to address the issue. It ruled that the cases should be reassigned to the constitutional bench, as outlined in Article 191A of the Constitution. Subsequently, Justice Shah, Justice Ayesha A. Malik, and Justice Aqeel penned a letter to the CJP and the constitutional bench’s head, Justice Amin-ud-Din Khan, regarding bench formation procedures.
During today’s proceedings, Attorney General for Pakistan (AGP) Mansoor Usman Awan highlighted the limited jurisdiction of the court in contempt cases, asserting that written responses were necessary from the accused. He also argued that bench formation authority rests with the constitutional committee following the 26th Amendment.
Justice Shah refuted this, explaining that the issue pertained to Section 2 of the Practice and Procedure Act, questioning whether a bench could withdraw a case to determine its jurisdiction. Justice Aqeel supported the AGP’s concerns regarding amicus curiae appointments.
The AGP further argued that the contempt case’s context did not permit discussion of broader issues and emphasized the need for a written statement from Additional Registrar Nazar Abbas. Justice Shah remarked that the matter was unrelated to the powers of the practice and procedure committee or the 26th Amendment and reiterated that the court’s inquiry was limited to understanding why the case was returned.
The court directed Additional Registrar Nazar Abbas to file a written response and appointed Khawaja Haris and Ahsan Bhoon as new amicus curiae. The hearing was adjourned until tomorrow.
