The Supreme Court of Pakistan on Thursday reserved its verdict in a contempt of court case against the Additional Registrar over the failure to schedule a case regarding the jurisdiction of constitutional and regular benches.
The case was heard by a regular bench comprising Justice Syed Mansoor Ali Shah and Justice Aqeel Ahmed Abbasi. Proceedings were initiated after the Additional Registrar did not list a plea filed by the federal government challenging the jurisdiction of regular benches to decide constitutional matters.
The legal dispute revolves around whether regular Supreme Court benches can adjudicate the validity of Article 191-A, introduced through the 26th Amendment, which established the constitutional bench.
The issue came to the forefront on January 13 when the federal government filed a petition against a Sindh High Court ruling that struck down Section 221-A(2) of the Customs Act, 1969. The petition argued that cases involving constitutional challenges should be heard by constitutional benches, not regular ones.
During Monday’s proceedings, Barrister Salahuddin informed the court that, despite prior directives, the case had not been included in the cause list. Justice Mansoor Ali Shah questioned the delay and summoned court officials for clarification.
Deputy Registrar Zulfiqar Ahmed, appearing on behalf of the Additional Registrar, stated that the Judges Committee had decided to schedule the case before the Constitutional Bench on January 27. However, Justice Shah expressed surprise, noting he was unaware of such a directive despite being a member of the committee.
Justice Aysha Malik also raised concerns about why the weekly cause list had been altered without a written order, while Justice Aqeel Ahmed Abbasi emphasized that no official has the authority to transfer cases without proper authorization.
The Supreme Court reserved its decision on the contempt proceedings, with the verdict to be announced at a later date.
