Although it is prerogative of the Parliament to make or amend a law to regulate activities of every organ of the State within framework of rules and regulations but recently promulgated 26th Amendment in the Constitution of Pakistan still in question to the extent of judiciary.
A private television reveals that according to sources Justice Mansoor Ali Shah has raised objections to the composition of the intra-court appeal bench. The objection were raised specifically with the inclusion of Justice Jamal Mandokhail and Justice Muhammad Ali Mazhar in the bench.
Justice Shah expressed concerns in a letter to the judges’ committee, citing that both justices are part of the Constitutional Committee, which had previously transferred the case to itself that was initially being heard by Justice Shah.
Justice Shah had initially proposed a five-member bench for the Intra Court Appeal (ICA) , but the Chief Justice suggested that a four-member bench would suffice. However, when the bench was formed, it included six judges, prompting Justice Shah’s objection.
Earlier, Additional Registrar Judicial, Nazar Abbas challenged the contempt notice issued by Supreme Court (SC) against him. As per details, Nazar Abbas has also filed an application seeking a stay order on the contempt proceedings initiated against him. The Supreme Court (SC), acknowledging Nazar Abbas’s intra-court appeal, has constituted a six-member larger bench to hear the case.
A six-member bench formed, led by Justice Jamal Khan Mandokhail will take up the plea on January 27.According to the court’s official notification, the bench comprises Justice Muhammad Ali Mazhar and Justice Athar Minallah, both of whom bring extensive judicial expertise to the proceedings; additionally, Justice Hassan Azhar Rizvi, Justice Shahid Waheed, and Justice Musarrat Hilali have also been included in the larger bench, ensuring a robust and comprehensive adjudication of the appeal.
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. Barrister Salahuddin during the hearing of a case informed the bench headed by Justice Mansoor Ali Shah that the court had ordered to fix the case today, but the cause list was not issued. “Why the case with regard to the Supreme Court benches powers, was not fixed before the court,” Justice Shah asked as he summoned the court official. Deputy Registrar Zulfiqar Ahmed appeared before the court and informed about the leave of the additional registrar.
