LEGAL
The Supreme Court adjourned a high-profile contempt of court case on Wednesday, directing Additional Registrar Judicial Nazar Abbas to submit a written response. The hearing raised questions over procedural authority, judicial appointments, and the scope of contempt jurisdiction.
Attorney General Raises Concerns
Attorney General (AG) Mansoor Usman Awan raised objections regarding the appointment of judicial assistants who had previously challenged the 26th Constitutional Amendment. He argued that the court's role in contempt proceedings is limited and focused solely on the person issued a show cause notice.
The AG stated, “Under criminal original jurisdiction, the case is strictly between the court and the individual accused of contempt.” He also pointed out that the individuals appointed as judicial assistants had a conflict of interest due to their involvement in cases linked to the 26th Amendment.
Judicial Observations
Justice Mansoor Ali Shah clarified that the contempt case is unrelated to the 26th Amendment. “If someone is afraid of themselves, that’s a different matter,” he remarked. Justice Shah questioned the reasons for not scheduling the case and sought clarity on Nazar Abbas's involvement.
The court also deliberated whether it was appropriate to withdraw cases under Section 2 of the Practice and Procedure Act. Justice Shah asked if jurisdictional review by the bench justified removing the case from the schedule.
Appointment of Judicial Assistants
Responding to the AG’s objections, Justice Aqeel Abbasi acknowledged his concerns, while Justice Shah proposed appointing a new judicial assistant from the same group to maintain fairness. The AG, however, declined to suggest any names, stating, “I am not suggesting any name; the main case of the Customs Act is not before you.”
The court subsequently appointed Khawaja Haris and Ahsan Bhawan as judicial assistants to aid the proceedings.
Registrar’s Defense
Justice Shah noted that decisions from the committee were presented in defense of Nazar Abbas but stressed that a written response from the registrar was essential. The AG stated that the registrar’s position cannot be deemed a defense without a formal submission.
Adjournment and Next Steps
The court adjourned the hearing until tomorrow, directing Nazar Abbas to provide a detailed written response. Justice Shah also highlighted the AG’s dual role, emphasizing that the AG could serve as a prosecutor in contempt cases and provide legal assistance under Section 27A.
As the case unfolds, the court’s handling of jurisdictional challenges and procedural objections remains pivotal.