ISLAMABAD:
Additional Registrar of the Supreme Court of Pakistan filed his reply and requested 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 court order addressed to the Practice and Procedure Committee of the SC.
The two-member SC bench, headed by Justice Mansoor Ali Shah and comprising Justice Aqeel Abbasi, on Thursday reserved its decision to be announced later.
The court on Thursday took cognizance of the contempt of court notice against the Additional Secretary (Judicial) for not settling the jurisdiction issue 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 committee of judges can withdraw a case from a particular court by superseding a court order. Can a court order be changed or replaced by an administrative jurisdiction?
Amicus Curiae lawyer Hamid Khan argued before the court that a court order cannot be modified or replaced by an administrative order.
Justice Syed Mansoor Ali Shah asked the amicus curiae that the matter is about withdrawal of a case by the committee of judges. The two-member committee of judges, comprising Chief Justice of Pakistan Yahya Afridi and Justice Amin ud Din Khan, ignored the court order. Can the matter be sent to a full court in such a case? The Court needs help on the issue.
Justice Aqeel Abbasi noted that there is confusion in the entire matter. In the past, rule-making was the responsibility of the SCP. Now it appears that certain powers of the Supreme Court have been restricted. This led to the 26th Amendment being questioned.
Justice Mansoor questioned whether there is any precedent of constitution of courts by the executive in any country.
“No sir, nowhere are the courts constituted by the executive and not the judiciary,” Hamid Khan replied.
Amicus Curiae Advocate Muhammad Ahsan Bhoon opined before the Court that the matter should be sent to the Chief Justice. The Committee is right to bring cases to court. The Plenary Session cannot be convened by court order. It will create a hell of problems. There are elements that want to destroy the institutions.
Justice Mansoor commented that the main objective of this entire practice is to save institutions and we are doing that.
Attorney General of Pakistan Mansoor Usman Awan argued before the Court that the current court is not suitable for contempt of court notice proceedings. The Chief Justice shall constitute a court for this purpose in accordance with the Rules of the Supreme Court. This court does not have jurisdiction to process the notice of contempt of court. The procedure for Contempt of Court is clear and the authority to constitute a court for this purpose lies with the CJP.
The court, after concluding the arguments, reserved its ruling to be announced later.
