SC issues contempt show-cause notice to additional registrar
Everyone, including CJP are bound to observe court directives, says SC Justice Aqeel Abbasi
ISLAMABAD (TLTP): While taking stern exception over failure in issuing cause list to hear case relating to deliberations on powers of constitutional bench through 26th amendment on Monday the top court issued show-cause notice to its additional registrar directing him to appear in person before three-member bench Tuesday (tomorrow).
It is pertinent to mention that on January 17, a three-member bench of the Supreme Court led by senior most judge Justice Mansoor Ali Shah has deferred the matter until Monday deliberations on the issue of whether regular benches can determine the constitutionality of Article 191A, which had established the constitutional bench through the 26th amendment.
Appearing on Monday before a 3-member bench of Justice Mansoor Ali Shah, Justice Ayesha Malik and Justice Aqeel Abbasi in the matter counsel for one of the parties Barrister Salahuddin submitted saying he travelled from Karachi solely for this case, yet the cause list was not issued, despite court’s orders to schedule the case for Monday.
Justice Mansoor Ali Shah observed that the court was not informed about the matter and directed the immediate summoning of the additional registrar to clarify the delay. During the hearing, deputy registrar Zulfiqar Ahmed appeared and explained that the additional registrar was on leave due to ill health. Justice Shah questioned as to why the court’s directive to schedule the case was not observed.
The deputy registrar responded that the Judges Committee had decided to schedule the case related to amendments on Jan 27 before the constitutional bench. Justice Shah expressed surprise saying as a committee member, he was unaware of such a decision.
Justice Ayesha Malik questioned how an administrative committee could ignore a judicial order and inquired as to why the week’s cause list was changed, noting that tax cases were originally scheduled. She observed saying, “In my entire judicial career, I have never witnessed a case disappearing in this manner.”
Justice Aqeel Abbasi added that all individuals, including the Chief Justice, are bound by court orders. In response, deputy registrar Zulfiqar Ahmed informed the bench that the meeting minutes from the Judges Committee had not yet been received. The court directed the submission of the Judges Committee’s order and meeting minutes, and demanded any written instructions related to the changes in the cause list.
The bench issued a show-cause notice to the additional registrar Nazar Abbas and sought explanation as to why the case was not fixed for hearing as per directives of the court. Later, hearing of the matter was adjourned till Tuesday. TLTP
