Islamabad:
The Supreme Court appointed senior lawyers Khawaja Haris and Ahsan Bhawan as judicial assistants after the objection of the Attorney General on the appointment of Munira Malik and Hamid Khan as judicial assistants in the contempt of court case on the issue of not fixing the bench powers for hearing the case. Mansoor Ali Shah remarked that this court action has nothing to do with the 26th constitutional amendment, if they start fearing themselves, it is a different matter.
A two-member bench consisting of Justice Mansoor Ali Shah and Justice Aqeel Abbasi started the hearing on the case, then Attorney General Mansoor Usman Awan appeared in the court and framed new questions regarding the appointment of Munir A. Malik and Hamid Khan as judicial assistants and the contempt of court case. Objection raised.
The attorney general said that the judicial assistants who were appointed are the lawyers of the petitioners against the 26th amendment, the court has very limited jurisdiction in the contempt of court case, this matter is between the court and the person insulting, show cause notice which is issued. A written statement of what has been done should be submitted.
Justice Aqeel Abbasi said that your opinion is correct, we also understand this. The Attorney General said that under the 26th constitutional amendment, the constitutional committee has the authority to form a bench. Justice Mansoor Ali Shah remarked that the 26th of this case It has nothing to do with the constitutional amendment, if they start to fear themselves, it is a different matter.
OSD appointed judicial officer Nazr Abbas appeared in the court, Justice Mansoor Ali Shah told him that this was not our aim but we wanted to know why the case was returned, something has happened to you too, we don’t know about you. What a character.
The court directed them to submit their written reply today. Judicial Assistant Munir A. Malik appeared on video link and took the stand that a judicial order cannot be replaced by an administrative order, a judicial order can only be replaced by another judicial order.
The matter may be referred to the Administrative Committee for the constitution of a Full Court under Section 2A of the Practice and Procedure Act.
Justice Mansoor Ali Shah inquired whether we can issue such an order in a contempt of court case. Munir A. Malik replied that this issue should be settled forever because it is related to the independence of the judiciary, lawyer Shahid Jameel said that the bench was changed in the same way in Peshawar, then Justice Qazi Faiz Isa wrote a note. If so, the matter may be referred to a committee to constitute a full court. Hamid Khan also argued for forming a full court.
