Aaj English TV

Tuesday, February 18, 2025  
19 Shaban 1446  

Bench issues show cause notice to additional registrar for not fixing case for hearing

Justice Shah wonders why case was not fixed for hearing
Important developments in the case of powers of Supreme Court benches - Aaj News

A three-member Supreme Court bench has issued a show cause notice to the additional registrar for not fixing a case related to the authority of the SC bench for hearing.

A three-member bench comprising Justice Mansoor Ali Shah, Justice Ayesha Malik, and Justice Aqeel Abbasi met on Monday to hear a case regarding the powers of constitutional benches and regular benches.

At the outset of the hearing, Barrister Salahuddin informed the SC that he had come from Karachi and that the case was not scheduled for hearing today. In response, Justice Shah said he would inquire about the matter and called for Additional Registrar Nazar Abbas to explain why the case was not listed for hearing.

After a brief recess, the hearing resumed, during which Deputy Registrar Zulfiqar Ali appeared in court and informed the bench that the additional registrar was “unwell and unable to attend.”

Justice Shah wondered why the case he had ordered to be scheduled was not on the docket.

The deputy registrar responded that the judges’ committee had decided to list the case related to amendments for hearing on January 27 in the constitutional bench.

“I am a member of the judges’ committee, yet I was completely unaware of the judges’ committee meeting,” Justice Shah remarked.

Justice Ayesha Malik questioned how the administrative committee could ignore a judicial order while Justice Aqeel Abbasi inquired whether the judicial order had been presented before the committee.

In response, the deputy registrar confirmed that the judicial order had indeed been submitted to the committee and the decision from the committee meeting was attached to the file.

Justice Ayesha stated that they had cases set for hearing, including tax cases, which had been changed. She emphasised that the fixed cases for the entire week had been altered and requested detailed explanations.

Justice Shah engaged in dialogue with the deputy registrar and asked for the minutes of the committee meeting and details regarding the changes in cases. He requested the deputy registrar to bring the meeting minutes so they could review the information and reconvene in court.

After a break, the deputy registrar informed the bench that no written order from the committee had been received.

In response, Justice Shah questioned why the case had not been scheduled if no committee order was available. Justice Ayesha added that it was unclear how the scheduled cases could be transferred to the constitutional bench.

Justice Abbasi stated that no one, including the chief justice, has the authority to transfer cases. He recounted a similar attempt when he was at the Sindh High Court, where the chief justice was compelled to schedule a case for hearing in front of them.

Justice Malik raised concerns about why other cases had been de-listed, emphasising that all cases had been scheduled under a judicial order.

The deputy registrar responded that a note from the research officer indicated that cases based on legal questions would be heard by the constitutional bench.

Also, read this

Reform agenda ‘aims to restore’ judiciary’s standing in World Justice Index

Justice Mansoor Ali Shah writes another letter on judges appointments

Justice Malik questioned whether the research officer would review judicial orders to determine their validity, stating, “In my judicial career, I have never seen a case simply disappear like this.”

Justice Abbasi emphasised that everyone, including the chief justice, was bound by judicial orders.

The deputy registrar reported that the minutes of the committee meeting had not yet been received.

Later, the bench issued a show cause notice for contempt of court to the additional judicial registrar. The order stated that an explanation was required as to why the case was not scheduled for hearing today (Monday) and the additional judicial registrar was instructed to appear in person to provide clarification.

The court then adjourned the hearing until Tuesday.

For the latest news, follow us on Twitter @Aaj_Urdu. We are also on Facebook, Instagram and YouTube.

Supreme Court

judges