ISLAMABAD: Additional Registrar Judicial Nazar Abbas, on Friday, challenged the intra court appeal (ICA), which will be heard by a six-judge bench of the Supreme Court on January 27.
The bench, headed by Justice Jamal Khan Mandokhail, and includes Justice Muhammad Ali Mazhar, Justice Athar Minallah, Justice Hasan Azhar Rizvi, Justice Shahid Waheed, and Justice Mussarat Hilali, would conduct the hearing on Monday at 01:00 pm.
A two-judge bench, comprising Justice Syed Mansoor Ali Shah and Justice Aqeel Ahmed Abbasi, a day ago (January 23rd), after hearing the arguments of amici and Attorney General for Pakistan (AGP) had reserved the judgment on the show-cause notice in contempt case.
AGP Mansoor Usman Awan in previous proceedings objected that the bench in contempt jurisdiction cannot proceed on the issue whether the Committee has authority to withdraw a case in which cognisance has already been taken by a regular bench.
He had contended that after issuing contempt notice to Additional Registrar Nazar Abbas, under Article 204(3) of the Constitution read with Contempt of Court Ordinance, 2003, the case should be referred to the chief justice to consider the expediency or propriety of taking action in the matter under Order XXVII Rule 7 (1) of Supreme Court Rules, 1980.
The AGP told the bench that if under Rule 7(2), the chief justice decides that the action should be taken, then notice is issued to the AGP, who shall in that event be under a duty to conduct the contempt proceedings. He said after deciding the contempt matter the Court can come to the conclusion that questions of law have arisen, adding: “the bench cannot go ahead on the issue without a decision on contempt of court notice”. When the contempt matter is settled thereafter the bench may suggest to the chief justice to form Full Court on questions; Whether the Committees constituted under Section 2 of the Act and Article 191A of the Constitution have the authority to withdraw a case in which cognizance has already been taken by a regular bench and serious questions of constitutional law relating to the jurisdiction of the regular Bench have been framed; and Whether the said Committees can, by an administrative order, undo the effect of a judicial order, whereby the next date of hearing a specific case has been fixed before a regular Bench.
Copyright Business Recorder, 2025
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