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Justice Mansoor Ali Shah Questions Delay in Constitutional Case Hearing
SC Judge Mansoor Ali Shah seeks answers on the delay in hearing the critical case on the court’s jurisdiction. Justice Ayesha Malik questions compliance with judicial orders.
ND
by News Desk
2025-01-20
Justice Mansoor Ali Shah Questions Delay in Constitutional Case Hearing

Justice Syed Mansoor Ali Shah on Monday expressed concerns over the delay in scheduling a critical Supreme Court (SC) case concerning the court’s jurisdiction and the constitutionality of laws. The issue arose after the case, earlier deferred to January 20, was not listed for hearing as expected.

The case revolves around whether regular benches can hear constitutional matters after the establishment of the Constitutional Bench under the 26th Amendment. This recurring question had earlier prompted the SC to defer deliberations on January 16, following changes to the bench’s composition. Justice Aqeel Ahmed Abbasi replaced Justice Irfan Saadat Khan as the third member of the three-judge bench, which is led by Justice Shah.

At the outset of the hearing, Justice Shah summoned additional registrar Nazr Abbasi to explain why the case was not listed. Advocate Salahuddin Ahmed, representing the respondents, also appeared in court and stated he had traveled from Karachi for the hearing but found no cause list issued.

Deputy Registrar Zulfiqar Ahmed appeared on behalf of the absent additional registrar and informed the court that the case had been rescheduled for January 27 by a judges’ committee. However, Justice Shah responded, “I am part of this committee and unaware of any such decision.”

Justice Ayesha Malik questioned how the administrative committee could override judicial orders. She further asked why the week’s cause list had been altered and noted that cases scheduled under court orders were delisted. Justice Malik remarked, “Never in my career has it happened that a case has just vanished like this.”

Justice Abbasi emphasized, “No one, including the chief justice, has the authority to transfer a case without due process.” He cited similar experiences from his time at the Sindh High Court.

The court directed the deputy registrar to produce the judges’ committee’s written instructions and meeting minutes explaining the rescheduling. Justice Malik remarked, “If the research officer now reviews court orders for correctness, this undermines the judiciary’s authority.”

After a short break, the court issued a show-cause notice to the additional registrar for failing to list the case and summoned him in person. Justice Abbasi reiterated that all individuals, including the chief justice, are bound by court orders.

The bench is hearing an appeal filed by the federal government against the Sindh High Court’s decision to strike down Section 221-A(2) of the Customs Act, 1969. The case remains pivotal in clarifying the powers and jurisdiction of regular and constitutional benches within the SC framework.
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PakistanLaw

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