ISLAMABAD: The Supreme Court has been asked to set aside order passed by two-judges (Justice Syed Mansoor Ali Shah and Justice Aqeel Abbasi) dated 27-01-25.
The federation, on Monday, filed an intra-court appeal (ICA) under Section 19 of the Contempt of Court Ordinance, 2003, against the two-judge (Justice Syed Mansoor Ali Shah and Justice Aqeel Abbasi) order dated 27-01-25.
The petition, filed through Additional Attorney General Aamir Rehman, contended that after the 26th Amendment, the regular bench of the Supreme Court cannot examine the constitutionality of the amendments made to the constitution through the said constitutional amendment. Any other interpretation will be against the express provisions of Article 175 of the constitution and cannot be countenanced.
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The impugned order has rendered the functionality of the committees as redundant. Furthermore, it undermines the mechanism as laid down in Section 2A of the Act, 2023.
The Attorney General for Pakistan, Mansoor Usman Awan, on January 28, while appearing constitutional bench had hinted of filing an appeal against the 27-01-25 judgment, passed by two-judge bench.
A seven-member SC Constitutional Bench, headed by Justice Aminuddin Khan on January 28 had recalled the orders passed by a bench, headed by Justice Syed Mansoor Ali Shah on January 13 and 16, 2025, and declared them without jurisdiction and non-est.
A three-judge bench, headed by Justice Syed Mansoor Ali Shah and comprised Justice Ayesha A Malik, and Justice Irfan Saadat Khan, on 13-01-25 adjourned a case (CPLA No. 836-K of 2020) that involves a challenge to the constitutionality of subsection (2) of Section 221-A of the Customs Act, 1969, until 16-01-25 for hearing of arguments.
On 16th January 2025, that Bench stood reconstituted, with Justice Aqeel Ahmed Abbasi replacing Justice Irfan Saadat Khan. The reconstituted bench could not proceed, as Justice Aqeel recused from the bench as he had delivered the impugned judgment in these cases in the Sindh High Court.
Consequently, the reconstituted bench (comprising Justice Mansoor, Justice Ayesha and Justice Aqeel) directed the office to fix them (CPLA 836) before the earlier bench on 20th January 2025.
However, it was pointed out to the bench that matter was fixed before it therefore the bench issued show-cause notice to the Additional Registrar (Judicial) Nazar Abbas for not fixing the case, as per its order 16.01.2025.
However, later on, Nazar Abbas filed an appeal explaining the reasons for not fixing the case.
The accepting the explanation of SC Additional Registrar (Judicial) discharged the show-cause notice.
It; however, said both the Committees constituted under SC (Practice and Procedure) Act and Article 191 were not legally authorised to take administrative decisions dated 17 January 2025 in violation of the judicial order.
In this background, it appears that the matter has to proceed further against the members of the two Committees. However, judicial propriety and decorum demand that the said question be considered and decided by the Full Court of the Supreme Court so that it is authoritatively decided once and for all.
Copyright Business Recorder, 2025
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