Justice Shah questions case removal, says fear shouldn't influence court decisions
Pakistan
Justice Shah instructed Nazar Abbas to submit a written response by the end of the day
ISLAMABAD (Dunya News) - During the contempt of court proceedings over the failure to schedule the case of powers of Supreme Court benches, Justice Mansoor Ali Shah remarked that the case had no connection with the 26th constitutional amendment, adding, "if someone is afraid, that’s a separate matter."
A two-member bench, comprising Justice Mansoor Ali Shah and Justice Aqeel Abbasi, heard the case. Attorney General for Pakistan Mansoor Usman Awan and Additional Registrar of the Supreme Court, Nazar Abbas, appeared before the court as directed.
At the start of the hearing, the Attorney General objected to the appointment of judicial assistants, stating that they were legal counsel for petitioners challenging the 26th amendment.
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Addressing the concern, the court appointed two additional judicial assistants, Khawaja Haris and Ahsan Bhoon, to assist in the matter. Justice Aqeel Abbasi invited any other interested parties to provide legal assistance as well.
The Attorney General clarified his dual role, stating he could assist under Article 27A but had a distinct position as a prosecutor in contempt cases.
Justice Mansoor Ali Shah questioned whether a committee could transfer cases from a regular bench, noting that the case pertained to Article 191A and included procedural matters. He summoned Additional Registrar Nazar Abbas to explain why the case was removed from the cause list.
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Justice Mansoor emphasised, "This case is about the powers of the Practice and Procedure Committee, not the 26th amendment. Fear of influencing decisions is another issue altogether." He further instructed Nazar Abbas to submit a written response by the end of the day.
The Attorney General also stressed that until Nazar Abbas submits his written statement, the registrar's position could not be treated as his defence.
