Justice Ayesha Malik recuses herself from Customs Act case

Constitutional bench addresses appeals as Justice Malik steps aside.

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Supreme Court's Justice Ayesha Malik has recused herself from hearing a constitutional case concerning the legality of Section 221-A of the Customs Act, raising questions over its future deliberations.

During the hearing, the eight-member constitutional bench, led by Justice Aminuddin Khan, convened to address appeals regarding the constitutional validity of the Customs Act provision, Express News reported.

Justice Malik, however, stepped back, stating, “I cannot hear this case. I will provide separate reasons for my recusal.”

The Attorney General requested a one-week adjournment, while Barrister Salahuddin highlighted ongoing controversies, including a prior order related to powers under the act.

He also urged an expedited hearing for the related Dewan Motors case.

Justice Aminuddin Khan assured that the court would take up the matter promptly, stating, “We will hear this case tomorrow.”

Justice Muhammad Ali Mazhar further added, “You may provide your reasons, Justice Malik.”

The case revolves around Section 221-A of the Customs Act, a contentious provision under scrutiny for its constitutional standing.

The court's decision on the matter could have significant implications for customs and administrative practices in Pakistan.

Justice Malik’s recusal adds another layer of complexity to the case, with her reasons for stepping aside yet to be disclosed. The hearing is set to resume with a reconfigured bench in the coming days.

Moreover, a division bench of the Supreme Court is going to unveil its verdict today in a contempt case initiated against an additional registrar of the court for withdrawing a case from the bench.

The bench comprising Justice Syed Mansoor Ali Shah and Justice Aqeel Abbasi had reserved the verdict in the case on January 23. It will unveil its order at 9:30 am.

Interestingly, a six-member SC bench will take up Additional Registrar (Judicial) Nazar Abbas's intra-court appeal against the show cause-notice issued by Justice Shah led bench also today (Monday).