Two Supreme Court judges on Monday withdrew a contempt notice issued a week ago against Additional Registrar (Judicial) Nazar Abbas for not fixing a case about the jurisdiction of regular benches. The court office had removed Abbas from his position last Tuesday.
Justice Syed Mansoor Ali Shah and Justice Aqeel Ahmed Abbasi concluded that Abbas had not deliberately violated court orders. Justice Shah noted that no evidence showed personal interest or ill intent on the part of the registrar.
“There is no indication of mala fide intent in his actions,” stated the 20-page verdict issued by the bench. Subsequently, the court withdrew the show-cause notice for contempt.
Key Legal Questions Addressed
The bench examined two critical questions during the proceedings:
- Whether a case partially heard by a bench could be delisted.
- Whether a judicial order could be nullified by an administrative decision.
The court ruled that a case cannot be taken back from a bench that has partially heard it. It also declared that no administrative authority, including committees constituted under the Supreme Court Practice and Procedure Act or Article 191A of the Constitution, can undo a judicial order.
Referral to Chief Justice Afridi
The bench referred the matter to Chief Justice Yahya Afridi, requesting him to consider whether a full court was needed to deliberate contempt proceedings against the two committees that had delisted the case.
Original Bench to Resume Jurisdictional Case
The judges directed that the main case questioning the jurisdiction of regular benches be fixed before the original three-member bench, including Justices Shah, Ayesha A. Malik, and Irfan Saadat Khan, during the first week of February.
The jurisdiction issue initially arose on January 13, when the federal government challenged a Sindh High Court decision striking down Section 221-A(2) of the Customs Act, 1969. The government argued that the regular bench could not hear the case since it involved constitutional challenges.
Pleas Against 26th Amendment Adjourned
In a separate development, an eight-judge constitutional bench led by Justice Aminuddin Khan began hearing challenges to the 26th Amendment. Notices were issued to respondents on applications seeking the formation of a full court and live-streaming of proceedings.
The matter has been adjourned for three weeks. Petitioners, including bar associations, have called for a full court to hear the case instead of the constitutional bench formed under the 26th Amendment, which itself faces legal challenges.
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