LEGAL
Two Supreme Court judges expressed reservations regarding the transfer of a case involving the jurisdiction of regular benches to a constitutional bench. The court simultaneously addressed contempt proceedings against Additional Registrar Nazar Abbas for alleged procedural lapses.
A two-member bench comprising Justice Mansoor Ali Shah and Justice Aqeel Ahmed Abbasi heard the matter, which revolves around the constitutionality of Article 191A under the 26th Amendment. This article establishes the constitutional bench, sparking debate on whether regular benches can adjudicate constitutional questions.
The issue initially arose on January 13 during a hearing by a three-judge bench, including Justices Shah, Ayesha A. Malik, and Irfan Saadat Khan. The federal government’s petition challenged a Sindh High Court decision striking down Section 221-A(2) of the Customs Act, 1969. Arguments highlighted that regular benches lacked the jurisdiction to hear constitutional challenges.
The bench composition saw changes as Justice Irfan Khan’s leave prompted Justice Abbasi’s inclusion. Despite deferring the matter for a future hearing, questions resurfaced about bench fixation, culminating in contempt proceedings initiated on Monday against Nazar Abbas for case mismanagement.
During today’s proceedings, Justice Shah summoned Attorney General Mansoor Usman Awan for assistance. Senior counsels Munir A. Malik and Hamid Khan were also appointed to provide legal perspectives.
Justice Shah raised critical concerns about the judiciary’s independence, emphasizing, “If the committee [fixing cases] is taking back ongoing cases, the judiciary’s independence has ended.” Justice Abbasi echoed uncertainties regarding the bench's future.
Later, an office order designated Nazar Abbas as an Officer on Special Duty (OSD), effectively halting his administrative role indefinitely. A Supreme Court press release cited a "serious lapse" in managing case fixation, leading to the misplacement of jurisdictional matters before the regular bench.
Chief Justice of Pakistan directed the registrar to expedite the scrutiny of pending cases to prevent future inconveniences for litigants and the legal fraternity. The court adjourned the hearing until Wednesday.
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