Daily Times

Two Supreme Court judges on Monday withdrew a contempt notice issued a week ago against a senior staff member for not fixing a case regarding the jurisdiction of regular benches.

The decision came as a two-judge bench, comprising Justice Syed Mansoor Ali Shah and Justice Aqeel Ahmed Abbasi, pronounced its verdict on contempt proceedings against Additional Registrar (Judicial) Nazar Abbas, who the court office removed on Tuesday.

The contempt notice had been issued when a case about whether SC’s regular benches could determine the constitutionality of the Constitution’s Article 191A – under which the constitu­tional bench was established after the 26th Amendment – was not fixed for hearing on January 20 as ordered by the bench.

During the hearing, Justice Shah observed, “The court has arrived at the conclusion that the additional registrar (judicial) did not deliberately violate the court orders.”

He further stated that neither the apex court find any proof that showed that the SC official had any personal interest in the case nor was any evidence found of any “ill intent”.

“There is no indication of mala fide intent in his actions,” stated a 20-page verdict issued by the court.

Subsequently, the senior puisne judge announced that the bench was withdrawing the show-cause notice over contempt of court against Abbas.

Justice Shah noted that the bench deliberated on two questions that had been framed earlier – one about delisting a case from a bench that it had already partially heard and the other about invalidating a court order through an administrative order.

Answering the first question, Justice Shah said the court concluded that such a case could not be taken back from the bench or delisted. About the second, he noted that a judicial order could not be nullified by an administrative order.

“It can be held unequivocally that no administrative authority, including the Committees constituted under Section 2 of the Act and 191A of the Constitution, can, by an administrative order, undo the effect of a judicial order,” the court judgment read.

Meanwhile, the bench referred the matter to Chief Justice of Pakistan (CJP) Yahya Afridi to deliberate whether a full court was needed to decide if contempt proceedings were needed against two committees of the apex court.

In a separate development, an eight-judge constitutional bench, headed by Justice Aminuddin Khan, finally took up several challenges to the 26th Amendment. The court issued notices to respondents on applications seeking the formation of a full court to hear the matter and live-streaming of proceedings in the case. Subsequently, the matter was adjourned for three weeks.