During the hearing of the case related to the determination of the jurisdiction of the judicial benches in the Supreme Court, Justice Mansoor Ali Shah has remarked that this case has nothing to do with the 26th constitutional amendment, while Attorney General Mansoor Usman Awan, the judicial assistants in the case. Objected to the appointment.
In the Supreme Court, the hearing of the issue of determination of jurisdiction of the judicial benches is going on, a two-member bench consisting of Justice Mansoor Ali Shah and Justice Aqeel Abbasi is conducting the hearing.
Attorney General Mansoor Usman Awan appeared in the Supreme Court and objected to the appointment of judicial assistants.
He took the position that the judicial assistants who were appointed are the lawyers of the petitioners against the 26th Amendment.
During the hearing, the court appointed 2 more judicial assistants, Khawaja Haris and Ahsan Bhawan were appointed as judicial assistants.
The Attorney General said that the court has very limited jurisdiction in the contempt of court case, the written statement of the show cause notice issued should be submitted.
The suspended judicial officer Nazar Abbas appeared in the court yesterday, Justice Mansoor Ali Shah spoke to Nazar Abbas that this was not our intention but we wanted to know why the case was returned, something has happened to you too, know. No. How much of a role do you have in it?
The attorney general said that under criminal original jurisdiction the matter is between the court and the defendant, who appointed judicial assistants, lawyers challenging the 26th amendment.
Justice Aqeel Abbasi said that your opinion is correct, we also understand this, Justice Mansoor Ali Shah said that let us appoint any other judicial assistant from the same group.
The Attorney General said that under the 26th Constitutional Amendment, the Constitutional Committee now has the authority to form a bench. Justice Mansoor Ali Shah remarked that this case has nothing to do with the 26th Constitutional Amendment. is
The court directed Nazr Abbas to submit a written reply by tomorrow. Justice Mansoor Ali Shah spoke to the Attorney General that Attorney General you are smiling, please suggest a name for the judicial assistant.
The Attorney General smiled and said, “I am not suggesting any name, the main Customs Act case is not before you now.”
Judicial Assistant Munir A. Malik appeared in the court through video link and said that a judicial order cannot be superseded by an administrative order, the matter can be referred to an administrative committee for constitution of a full court under Section 2A of the Practice and Procedure Act. is
Justice Mansoor Ali Shah inquired that Munir A. Malik, tell us whether we can issue such an order in the contempt of court case? Munir A. Malik replied that this issue should be settled forever as it is connected with the independence of the judiciary.
Judicial Assistant Hamid Khan started the arguments, the court appointed 2 more judicial assistants, Khawaja Haris and Ahsan Bhawan were appointed as judicial assistants, the number of judicial assistants in the case increased to 4, in the last hearing, Munir A. Malik and Hamid Khan were appointed as judicial assistants. The Supreme Court adjourned the hearing of the case till tomorrow.
Munir A. Malik said that now the judicial order can be changed only by another judicial order, lawyer Shahid Jameel said that the bench was changed in the same way in Peshawar then Justice Qazi Faiz Isa wrote a note, which roster in the Supreme Court once It keeps changing, here a case is heard by a bench, in the middle the bench changes and sometimes an honorable judge is removed from the bench, a case is pending, it cannot be withdrawn from the bench.
Justice Mansoor Ali Shah said that it means that once a case has started, there is no going back. Lawyer Shahid Jameel said that the case can be taken up wherever the question arises. Justice Mansoor Ali Shah said that the question is If the case is not before the bench, lawyer Shahid Jameel said that first all the cases will go to the committee of Section 2.
Justice Mansoor Ali Shah said that the size of the committee of 2A has been so far that the committee will make regular benches, the committee could have changed the bench in 2A in case the case is not in any court.
Lawyer Shahid Jameel said that the constitution bench has to be nominated by the judicial commission. Justice Mansoor Ali Shah remarked that all the cases will go to the central committee first. be referred to a committee, meaning this overlapping will remain forever, the matter may be referred to a committee for the formation of a full court.
Hamid Khan said that the Constitution mentions the Chief Justice of Pakistan and other judges, Justice Mansoor Ali Shah said, Attorney General Sir, do we come in praise of other judges, Justice Aqeel Abbasi remarked that now we are different. The Attorney General kept smiling at the judicial remarks.
Munir A. Malik said that the cases coming to the Supreme Court should be looked at by the Committee on Practice and Procedure first. Can’t, I have seen the press release issued yesterday.
It was said that earlier the case was mistakenly placed in this regular bench, even if it was a mistake, now a judicial order has been passed on it.
