Govt decides to challenge SC’s contempt of court verdict

ISLAMABAD: During the hearing of the Customs Regulator Duty case in the Supreme Court, Attorney General Mansoor Usman Awan informed the court that government has decided to challenge yesterday’s verdict.

On Monday, the SC bench comprising Justice Mansoor Ali Shah and Justice Aqeel Abbasi had decided to send the Additional Registrar’s contempt of court case to Chief Justice of Pakistan (CJP) Yahya Afridi to form a full court bench. The case itself had come out of the non-scheduling of the case on power of Supreme Court benches in front of the same bench.

SC bench disposes of additional registrar’s intra-court contempt appeal

During the proceedings of the contempt of court case, the Attorney General had advised the apex court that the Judicial Committee’s decision to send the hearing to the Constitutional Bench was correct. However, the SC bench decided that the CJP should be asked to form a full court to debate the legality of the committee’s decision. In response, the government is now filing a challenge to the verdict.

Mansoor Awan informed that the government’s decision is to file a review of Justice Mansoor Ali Shah’s orders of January 13 and 16.

In light of this information, in today’s hearing on customs duty case, Justice Muhammad Ali Mazhar asked the Attorney General that Justice Mansoor Ali Shah had ordered the customs duty case to be placed in his bench. “Can we move forward in the presence of this order?”

Justice Ayesha Malik also excused herself from hearing the Customs Regulatory Duty case. She said, “We must maintain the distinction between judicial and administrative orders. The sanctity of judicial orders must be preserved and maintained. We must ensure that our orders are implemented.”

Justice Ayesha added, “Our orders should not be ignored by anyone. Our orders should not be violated by anyone. To maintain the sanctity of the court order of January 16, I do not want to hear this case.”

Justice Ayesha recapped the events, saying that these cases were fixed before a three-member bench on January 16. “A question was raised about the jurisdiction of the bench in the case, [since] it was not a constitutional bench under the 26th Amendment to the Constitution. The court ordered the reconstitution of the bench from the committee established under Section 2 of the Judiciary Act of 2023.”

She said that the committee ordered the cases to be placed before the constitutional bench committee. “The committee fixed the cases for January 27 in its meeting on January 17. Both the committees ignored the court order of January 16.”

Justice Jamal Khan Mandokhail added, “It is not just a few, but everyone is concerned about the independence of the judiciary. Whatever is being done, should be done properly. What kind of apocalypse had come, this too is also a court.”

Justice Mandokhail added, “There is no certainty of life, but the Supreme Court and the courts are here to stay. We have to take care of our institution. Don’t worry, nothing will happen to this institution.”

CONSTITUTIONAL BENCH WITHDRAWS JUSTICE MANSOOR’S ORDERS

Meanwhile, the Constitutional Bench has withdrawn the orders of Justice Mansoor Ali Shah, dated January 13 and 16. Justice Mansoor had ordered the case to be re-admitted to the old bench on January 16.

SC bench hears arguments against 26th constitutional amendment

In this regard, notices were also issued on January 13 regarding the interpretation of Article 191A.

The Constitution Bench has also ordered to attach the record of Additional Registrar Nazar Abbas contempt of court case with the Customs Regulatory Duty case.