Issue of Bench Powers Case Not Being Scheduled: Additional Registrar of the Supreme Court Issued Show Cause Notice, Summoned in Person
Karachi (only here for the case, but the cause list was not issued), Lawyer Barrister Salahuddin
The Additional Registrar is unwell and on leave, Deputy Registrar Zulfiqar Ahmad
Why was the case not scheduled despite the order? I, too, did not know about the Judges Committee meeting, even though I am a member, Justice Mansoor Ali Shah
Why was our entire week’s cause list changed? We had tax cases scheduled, Justice Ayesha Malik
Neither the Chief Justice nor anyone else has the authority to transfer cases, Justice Aqeel Abbasi
The court has sought details of the Judges Committee’s approved order and meeting minutes, and the case hearing has been adjourned until tomorrow (Tuesday).
Islamabad (Subah News)
In the Supreme Court, Justice Mansoor Ali Shah issued a show-cause notice to Additional Registrar Nazar Abbas for not scheduling the bench powers case, summoning him in person. On Monday, the case regarding the powers of constitutional and regular benches was heard, with a three-member bench led by Justice Mansoor Ali Shah. Barrister Salahuddin, representing the parties in the case, informed the court that he had traveled from Karachi specifically for this case, but the cause list was not issued, despite the court having ordered the case to be scheduled for that day.
Justice Mansoor Ali Shah remarked that they had not been informed about the issue and directed that the Additional Registrar be summoned immediately to clarify why the case was not scheduled. During the proceedings, Deputy Registrar Zulfiqar Ahmad informed the court that the Additional Registrar was unwell and on leave. Justice Mansoor Ali Shah then inquired why the case, which was ordered to be scheduled, was not set. Deputy Registrar Zulfiqar Ahmad responded that the Judges Committee had decided that the case related to amendments would be heard by a constitutional bench on January 27.
Justice Mansoor Ali Shah remarked that, as a member of the committee, he had no knowledge of this decision. Justice Ayesha Malik questioned how the judicial order could be ignored by the administrative committee. Justice Aqeel Abbasi asked if the judicial order had been presented to the committee. Zulfiqar Ahmad replied that the judicial order was presented to the committee. Justice Ayesha Malik then inquired why the entire week’s cause list had been changed, especially since tax cases had been scheduled and were now altered.
The court requested details of the Judges Committee’s approved order and meeting minutes and remarked that if there were written instructions about why the cause list was changed, they should also be submitted. Zulfiqar Ahmad responded that no written instructions from the Judges Committee had been received. Justice Mansoor Ali Shah then asked why the case was not scheduled if the committee had not provided any instructions. Justice Ayesha Malik questioned how a scheduled case could be transferred to the constitutional bench. Justice Aqeel Abbasi remarked that neither the Chief Justice nor anyone else has the authority to transfer cases. He shared that such attempts had been made when he was at the Sindh High Court, but the Chief Justice had been compelled to schedule the case in front of their bench.
Justice Ayesha Malik asked Zulfiqar Ahmad why other cases had been delisted despite being scheduled under judicial orders. Zulfiqar Ahmad explained that the research officer had noted that cases involving legal questions should be heard by the constitutional bench. Justice Ayesha Malik questioned whether the research officer would now review judicial orders to determine their correctness, emphasizing that in her career, she had never seen a case simply disappear like this. Justice Aqeel Abbasi stated that everyone, including the Chief Justice, is bound by judicial orders. Zulfiqar Ahmad replied that the meeting minutes of the Judges Committee had still not been received.
The Supreme Court issued a show-cause notice to the Additional Registrar for not scheduling the case regarding bench powers, ordering him to explain why the case was not scheduled for hearing. The court subsequently summoned the Additional Registrar in person and adjourned the case hearing until tomorrow (Tuesday).