ISLAMABAD: The Supreme Court of Pakistan on Thursday reserved its verdict in a contempt of court case against an additional registrar for failing to schedule a hearing on a case concerning the powers of constitutional and regular benches.
Background of the Case
A regular bench comprising Justice Syed Mansoor Ali Shah and Justice Aqeel Ahmed Abbasi presided over the contempt proceedings against the additional registrar. The case revolved around whether the Supreme Court’s regular benches have the authority to rule on matters related to Article 191-A, which was introduced through the 26th Constitutional Amendment to establish the constitutional bench.
The issue first arose on January 13 when the federal government filed an appeal against a Sindh High Court verdict that invalidated Section 221-A(2) of the Customs Act, 1969.
The three-judge panel, which included Justice Syed Mansoor Ali Shah, Justice Ayesha A. Malik, and Justice Irfan Saadat Khan, was hearing the appeal. The petitioner argued that since the case involved questions about the constitutionality of legislation, it should not be heard by a regular bench.
Recent Proceedings
During an earlier hearing on Monday, Barrister Salahuddin informed the court that despite its prior order to schedule the case, no cause list had been issued.
Justice Syed Mansoor Ali Shah questioned why the case regarding the Supreme Court benches’ powers had not been scheduled for a hearing, summoning court officials to explain. Deputy Registrar Zulfiqar Ahmed appeared in court and explained that the additional registrar was on leave. He further stated that the Judges’ Committee had decided to schedule the case before the Constitutional Bench on January 27.
Justice Shah expressed surprise at this, saying he was unaware of such a decision despite being a member of the committee. Justice Ayesha A. Malik also raised concerns, questioning why the weekly cause list had been changed without any formal written order.
The Deputy Registrar admitted that no written order from the Judges’ Committee had been received. Justice Shah, dissatisfied with the response, asked why the case had not been scheduled in the absence of an official directive. Justice Aqeel Ahmed Abbasi added that no one was authorized to transfer the case without proper procedure.
Next Steps
The Supreme Court has reserved its decision on the contempt of court proceedings and is expected to provide clarity on the scheduling and procedural handling of cases related to constitutional and regular benches.
