Senior Supreme Court Judge Criticizes Committee’s Power to Overrule Judicial Orders in Bench Assignments

Islamabad: Senior Supreme Court Judge Justice Mansoor Ali Shah has expressed concerns over the power of the judicial committee to remove cases from designated benches, asserting that such actions could undermine the independence of the judiciary.
During the hearing of a contempt of court case, a two-member bench, led by Justice Mansoor Ali Shah, addressed the issue of not scheduling the case related to bench powers despite judicial orders. The Registrar of the Supreme Court appeared before the court in this regard.
At the beginning of the hearing, the judges questioned the Registrar about why the case was not scheduled despite clear judicial instructions. The Registrar explained that the bench’s case was originally meant for the Constitutional Bench, but was mistakenly placed before the regular bench.
Justice Aqeel Abbasi remarked that the mistake had been ongoing for some time, and questioned why the issue was only now being acknowledged. He pointed out that he had previously heard the case in the High Court and was unsure if his inclusion in this bench was a mistake.
Justice Mansoor Ali Shah questioned the process by which the Practice and Procedure Committee held a meeting regarding the case, asking whether the committee had called the meeting or if a request was made. The Registrar responded that they had written a note to the committee. Justice Mansoor expressed concern, stating that such actions went against the clear judicial order, which specified which bench the case should be assigned to.
Justice Mansoor further emphasized that the case should not have been removed from the bench by the committee. He warned that such actions could set a dangerous precedent, leading to cases being taken off benches if there was a perception that a decision could be unfavorable to the government. He described this as a potential threat to judicial independence.
Justice Aqeel added that while the constitutional amendment case had been scheduled, it raised questions about why a simpler case had been removed from the bench. Justice Mansoor responded, stating that if the judicial order had been given, there was no room for the committee to interfere.
The discussion also included concerns regarding how judicial orders could be overruled by an administrative decision. Justice Mansoor emphasized that no committee had the right to remove cases from judicial benches once a judicial order had been made.
The Registrar of the Supreme Court argued that the Practice and Procedure Act, passed by Parliament, gave the judicial committee the authority to transfer cases from one bench to another. However, Justice Mansoor rejected this interpretation, warning that if such powers were exercised, it could lead to cases being moved from benches simply because the ruling might go against the government.
In light of these developments, the Supreme Court has appointed legal experts Hamid Khan and Munir A. Malik as amici curiae to provide their opinion on whether the judicial committee can overrule judicial orders and transfer cases from one bench to another.
The court has adjourned the hearing on bench powers until tomorrow, seeking legal clarification on this critical issue.