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Govt to Challenge Justice Shah’s Verdict in Contempt Case

Government has decided to challenge verdict of  Justice Mansoor Ali Shah for full bench in the contempt case against Additional Registrar Nazar Abbas,

Attorney General for Pakistan (AGP) Mansoor Usman Awan has been cited on Tuesday that during the hearing of the Customs Regulator Duty case he confirmed an appeal would be filed against yesterday’s contempt of court decision announced by Justice Mansoor Ali Shah.  Additionally, a decision has been made to file a review petition against the orders issued by Justice Mansoor Ali Shah on January 16 and 13.

On Monday, Supreme Court withdrew the show-cause notice issued to the Additional Registrar Nazar Abbas, stating that there was no deliberate intent of contempt of court on his part. The verdict emphasized that no party suffered any harm due to the actions of the Additional Registrar.

The bench has forwarded the matter to the CJP for the formation of full court. The judgment announced by Justice Mansoor Ali Shah also clarified that the Practice and Procedure Committee does not have the authority to withdraw a case following a judicial order.

Furthermore, an administrative order cannot override a judicial order, the Supreme Court ruled. The court stated that the committee lacked jurisdiction to nullify a judicial order or send the matter to the full court. On January 20, the Supreme Court (SC) issued show-cause notice of contempt of the court to its Additional Registrar Nazar Abbas, ordering him to appear in person.

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk

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