Constitution Bench withdraws Justice Mansoor's orders of Jan 13, 16

Islamabad: The Constitutional Bench of the Supreme Court has withdrawn the orders of Justice Mansoor Ali Shah dated January 13 and 16.

A seven-member Constitutional Bench headed by Justice Aminuddin heard the customs duty case. The concerned officials and lawyers appeared in the court.

During the hearing, the Attorney General said that the government has decided to challenge the decision of Justice Mansoor Ali in the contempt of court case, and will file an appeal against yesterday’s contempt of court decision. It has been decided to file a review of Justice Mansoor Shah’s orders dated January 13 and 16.

Justice Muhammad Ali Mazhar stated that Justice Mansoor Ali Shah has ordered the customs duty case to be placed in his bench, can we move forward in the presence of this order?

Justice Jamal Mandokhel added that not only a few people but everyone is concerned about the independence of the judiciary. Whatever work they do, they should do it properly. What a doomsday has come, this is also the court. There is no trust in life. The Supreme Court and the courts have to survive. We have to take care of our institution. No one should worry. Nothing will happen to the institution.

Justice Aminuddin remarked that an order was given on January 13 that the hearing would be held on January 27, then how was the hearing suddenly scheduled for the next day?

Justice Jamal inquired that a judge separated from the three-member bench, could he have ordered while separating that this case be heard in a specific bench? Justice Hassan Azhar Rizvi inquired whether the same judge had the authority to reconstitute the bench.

Justice Naeem Afghan, while talking to Barrister Salahuddin, said that we think you are responsible for this entire crisis.

Justice Muhammad Ali Mazhar said that according to the court order, you insisted that this regular bench can hear this case. Justice Jamal asked, “Do you not trust us judges? If I am incompetent or do not know the law, tell me?” This is a new system, if someone does not like it, that is a different matter.

During the hearing, bitter words were exchanged between Justice Muhammad Ali Mazhar and Barrister Salahuddin.

Justice Muhammad Ali Mazhar said: “I am getting the impression that you are not serious here,” to which Barrister Salahuddin replied that if you question my reputation, I will give an equally strong reply.

Justice Aminuddin Khan intervened and said that the matter was going in another direction, do not do that. Barrister Salahuddin took the position that Justice Jamal said: “We are not taking this case forward here right now, or if you want to try the case on merit, then I will give arguments here”.

Justice Mandokhel said that no, the file is closed for now, we are seeking your assistance for our understanding. Barrister Salahuddin said that if the file is closed, then you should ask questions on the assumptions, and I will answer.

Later, the Constitutional Bench withdrew the decisions of Justice Mansoor Ali Shah of January 13 and 16, which formed the basis of the contempt of court case. Justice Mansoor Ali Shah issued notices on the interpretation of Article 191A on January 13.

The Constitutional Bench ordered the record of the Nazar Abbas contempt of court case to be attached to the customs duty case and adjourned the hearing for an indefinite period.

It is pertinent to note that the two-member bench of the Supreme Court comprising Justice Mansoor Ali Shah and Justice Aqeel Abbasi said in its decision that the Practice and Procedure Committee and the Judges Constitutional Committee ignored the judicial order, the Chief Justice of Pakistan should constitute a full court on this matter.