Contempt of Court Case Hearing Regarding Bench Powers in Supreme Court

A two-member bench comprising Justice Mansoor Ali Shah and Justice Aqeel Abbasi heard the contempt of court case regarding the non-listing of a case related to bench powers. Attorney General Mansoor Usman Awan and Additional Registrar Nazar Abbas appeared before the court. The court directed the Additional Registrar to submit a written reply, noting that the matter pertains to Section 2 of the Practice and Procedure Law.

Justice Mansoor Ali Shah emphasized that the bench was considering its jurisdiction and questioned whether a case could be withdrawn if the bench wants to examine its jurisdiction. He also clarified that the current case is unrelated to the 26th constitutional amendment.

Justice Mansoor Ali Shah commented on the defense presented by Nazar Abbas, stating that the decisions of the committee were used to support the defense. Attorney General Mansoor Usman Awan argued that Nazar Abbas’s defense cannot be considered until a written response is received. The Attorney General also raised objections to the appointment of judicial assistants, pointing out that the lawyers representing the petitioners were against the 26th amendment.

The court appointed lawyers Khawaja Haris and Ahsan Bhoon as judicial assistants. Justice Mansoor Ali Shah inquired about the regular bench and whether the committee could shift a case to it. He also mentioned that some cases were related to taxes.

Upon the appearance of Additional Registrar Nazar Abbas, Justice Mansoor Ali Shah asked him why the case was removed from the cause list and urged him to submit a written reply by the end of the day. Justice Shah further stated that the matter was about the powers of the Practice and Procedure Committee, not the 26th amendment, and questioned if Nazar Abbas had any concerns about the case.

Attorney General Awan indicated that he could assist in the contempt of court case as a prosecutor and provide legal assistance on the matter. He explained that in contempt cases, the court has very limited jurisdiction to hear the case.

Justice Mansoor Ali Shah noted that the 26th constitutional amendment is unrelated to this case and questioned if a case could be removed from the bench if there is a fear of bias or if a judicial assistant is involved.

The court instructed Nazar Abbas to submit a written response by the next day and scheduled the hearing for further arguments. Judicial Assistant Munir A. Malik suggested forming a full court to address the issue, to which Justice Mansoor Ali Shah inquired if the full court could issue an order while hearing the contempt case.

The hearing was adjourned until the next day, with further arguments from other judicial assistants to follow.