I did not disobey court, official tells SC bench

Court reserves judgment against additional registrar

ISLAMABAD:

The additional registrar of the Supreme Court of Pakistan has submitted his response and pleaded before the court to withdraw the contempt of court notice as he did not disobey the court but wrote a note in the light of the judicial order to the Practice and Procedure Committee of the SC.

The two-member bench of the SC, headed by Justice Mansoor Ali Shah and comprising Justice Aqeel Abbasi, on Thursday reserved its judgment to be announced later.

The court was hearing the Contempt of Court notice against Additional Registrar (Judicial) Thursday for not fixing the matter of jurisdiction before a certain bench ordered by the three member bench of the SCP.

Justice Mansoor Ali Shah observed that the basic question before the court is whether the judges committee can withdraw a case from a particular bench superseding a judicial order? Can a judicial order be changed or replaced by an administrative forum?

Amicus Curiae Advocate Hamid Khan argued before the court that a judicial order cannot be changed or superseded by an administrative order.

Justice Syed Mansoor Ali Shah asked the amicus curiae that the matter is about withdrawal of a case by the Judges committee. The two-member judges committee, consisting Chief Justice of Pakistan Justice Yahya Afridi and Justice Amin ud Din Khan, ignored the judicial order. Can the issue be sent to a full court in such a case? The Court needs assistance on the question.

Justice Aqeel Abbasi remarked that there is confusion in the whole matter. Making of rules was the jurisdictions of the SCP in the past. Now it seems that certain jurisdictions of the Supreme Court have been restricted. This lead to question the 26 Amendment.

Justice Mansoor questioned that is there any precedent of constitution of benches by the executive in any country?

'No sir, nowhere the benches are constituted by the executive instead of the judiciary', responded Hamid Khan.

Amicus Curiae Advocate Muhammad Ahsan Bhoon opined before the Court that the issue should be sent to the Chief Justice. The Committee is right in placing cases before the benches. Full Court can't be convened through a judicial order. It will create a hell of issues. There are elements who desire to destroy the institutions.

Justice Mansoor remarked that the main purpose of this entire practice is to save institutions and we are doing this.

Attorney General for Pakistan Mansoor Usman Awan argued before the Court that the current bench is not suitable for proceedings of the Contempt of Court notice. The Chief Justice is to constitute a bench for this purpose according to the Supreme Court Rules. This bench has no jurisdiction to proceed the Contempt of Court notice. The procedure of the Contempt of Court is clear and the authority of constitution of a bench for this purpose is with the CJP.

The court, after concluding the arguments, reserved its judgement to be announced later.