SC reserves contempt case verdict against additional registrar

F.P. Report

ISLAMABAD: The Supreme Court of Pakistan on Thursday reserved verdict on a contempt of court show-cause to additional registrar for not fixing a case pertaining to the powers of constitutional and regular benches.

As per details, the regular Bench consisting of Justice Syed Mansoor Ali Shah and Justice Aqeel Ahmed Abbasi heard today the contempt proceeding initiated against the Additional Registrar.

The case concerned whether the SC’s normal benches may rule on the validity of Article 191-A, which established the constitutional bench following the 26th Amendment.

The issue came up on January 13 when the federal government filed a plea against a Sindh High Court ruling that invalidated Section 221-A(2) of the Customs Act, 1969, before a three-judge panel made up of Justice Syed Mansoor Ali Shah, Justice Ayesha A. Malik, and Justice Irfan Saadat Khan.

The petitioner had claimed that because the issue contained challenges to the constitutionality of legislation, the normal bench cannot hear it.

Earlier during the hearing on Monday, Barrister Salahuddin informed the bench that the court had ordered to fix the case, but the cause list was not issued.

“Why the case with regard to the Supreme Court benches powers, was not fixed before the court,” Justice Syed Mansoor Ali Shah asked as he summoned the court official.

Deputy Registrar Zulfiqar Ahmed appeared before the court and informed about the leave of the additional registrar.

Deputy Registrar informed the court that the Judges Committee has decided that the case with regard to the constitutional amendment will be fixed before the Constitutional Bench on January 27.

“I am also a member of the committee, I have been unaware about it,” Justice Mansoor Ali Shah said.

Justice Ayisha Malik asked why the cause list of the entire week has been changed and demanded a written order to this respect.

Deputy Registrar said they didn’t receive any written order of the judges committee. “When the office didn’t receive any order, why the case has not been fixed,” Justice Shah questioned.

Justice Aqeel Abbasi remarked that no one has been authorized to transfer the case.