Islamabad:
The clash between the Judges of the High Level Supreme Court has intensified as Judge Syed Mansoor Ali Shah has raised the objection to the inclusion of two judges at a larger bank hearing in the intacial appeal -a year of an additional record ( Ica) against the issue of contempt notice.
On January 21, a bank from three members of the Apex court led by Judge Syed Mansoor Ali Shah, issued the notice of contempt to the additional (judicial) registrar Nazar Abbas after a touch of cases was withdrew from the bank and were sent to a Committee of the Constitutional Bank for reverence.
When a judge led by Bench resumed the case, Nazar Abbas filed an ICA against the notice of the exhibition cause, an appeal that appeared for a hearing before a larger bank of six members on Thursday.
An SC Committee formed the bank led by Judge Jamal Khan Commandkhail and comprising Judge Muhammad Ali Mazhar, Judge Athar Minallah, Judge Syed Hasan Azhar Rizvi, Judge Shahid Waheed and Judge Musarrat Hilali for a majority vote. The bank is scheduled to listen to the case on January 27.
Making an exception to the bank, Judge Shah said that judges who have a conflict of interest cannot sit in the bank. “Judge Jamal Khan Commandkhail and Judge Muhammad Ali Mazha bigger bank.
“This committee dealt with CPLA No.836-K/2020 and fixed it on 27.1.2025 before the Constitutional Bank, therefore, they cannot be bank members, since the decisions of both committees are in question in contempt Proceedings, “he said.
Judge Shah said that after the meeting of the Judicial Commission of Pakistan on Friday, the president of the Supreme Court of Pakistan, Yahya Afridi, summoned an informal meeting of the three -members committee in their cameras.
CJP Aphridi, Judge Shah and Judge Aminuddin Khan attended the meeting.
“It was agreed that a larger bank would be constituted to hear the intra cutting appeal in the matter. I recommended the constitution of a larger bank that includes five judges in order of seniority, excluding those who cannot listen to said ICA due to a Conflict of interest.
“However, the CJP said that he would like a bank of four members in the matter and the meeting ended there. Later at night [of January 23]I received a WhatsApp message at 9:33 pm from my secretary in search of approval with respect to a proposed bank of six members for approval as a member of the Committee.
“I informed my secretary that I will attend to this file in the morning. Later, in my secretary at 10:28 pm she shared the court list at WhatsApp issued by the Registrar after the approval of the two members of the Committee constituted under Section 2 (1) of the Law of the Supreme Court (Practice and Procedure), 2023
“Upon receiving the tribunal list, I communicated my objection through WhatsApp for the transmission forward to the concerned officials. I am registering said objection here for records together with the background with respect to the constitution of said largest bank.
“My objection to this largest bank constituted is that judges who have conflict of interest in the matter cannot sit in the bank,” he added.
Judge Shah said that, since he did not have the opportunity to register his opinion on the file, since the Royal Archive was never sent to his office and most decided the matter and issued the list.
“Therefore, I want this note to be placed in the registration of the decision of the Committee dated 23.1.2025 that constitutes the largest bank,” he concludes.
