Power of benches, contempt of court and dismissed officer: SC saga continues

ISLAMABAD: The Supreme Court bench, presided over by Justice Mansoor Ali Shah, resumed the hearing of ‘power of benches’ case, that has now turned into ‘contempt of court’ case due to non-compliance with the judicial order.

Yesterday, the apex court had removed Additional Registrar Nazar Abbas from office, and a notification has been issued in this regard as well. The additional registrar was made ‘OSD’ [officer on special duty].

Today, the court resumed the hearing of the case with Justice Mansoor and Justice Aqeel Abbasi included in the bench.

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Attorney General Mansoor Usman Awan appeared in court. Additional Registrar Nazar Abbas also appeared in the hearing today. The court directed the additional registrar to submit a written reply.

The Attorney General objected to appointment of the judicial assistants as announced by the bench yesterday. He informed the court that the appointed assistants are lawyers of petitioners against the 26th Amendment.

These cases are related to the powers of the Practice and Procedure Committee and not to the 26th Amendment, Justice Mansoor responded.

However, the bench decided to appoint two more judicial assistants on advice of the Attorney General. The court announced Khawaja Haris and Ahsan Bhawan as judicial assistants. Justice Aqeel Abbasi said that if anyone else wishes to assist in this matter, they can be included as well.

Attorney General Awan replied that he can appear as a prosecutor in a contempt of court case. “I can assist the court on a legal question under 27A. My position as Attorney General in a contempt of court case is different,” he said.

During the proceedings, Justice Mansoor sought a response; “Can the committee shift the case which was being heard by the regular bench?” He read the background of the case and added, “This case is of Article 191A, some cases were also related to tax.”

Justice Mansoor also said that the Registrar had spoken in defense of the Additional Registrar, saying that the non-scheduling of the power of benches case happened due to the decision of the two-judge committee.

Addressing Additional Registrar Nazar Abbas directly, Justice Mansoor asked, “Why did you remove the case from the cause list?”

Judicial Assistant Hamid Khan, who was appointed yesterday, gave his arguments. “The administrative forum is bound to implement the court orders,” he said in response to Justice Mansoor’s query.

The bench then asked if the Supreme Court could direct the formation of a nine-member bench in a case. Hamid Khan responded that if the court orders the formation of a nine-member bench, then it must be followed.

“If any constitutional question arises, the regular bench can also hear it,” Hamid Khan said, adding, “The Supreme Court has been established according to the constitution. The constitution states that the Supreme Court will have a Chief Justice and other judges.”

Justice Mansoor said, “Are we counted among the other judges?” Justice Abbasi added, “Now perhaps we are just other judges.”

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Justice Mansoor then turned to the Attorney General and repeated, “[I am] just asking, if we are part of the judges?”

Attorney General Awan replied with a smile, “Yes, of course you are!”

Justice Mansoor added, “I was asking just by the way, since nowadays it is unclear”.

The court adjourned the hearing until tomorrow.