Two judges of the Supreme Court on Monday withdrew the contempt notice issued a week ago for not deciding the case related to the jurisdiction of the regular benches.
The decision came as a two-judge bench, comprising Justice Syed Mansoor Ali Shah and Justice Aqeel Ahmad Abbasi, announced its verdict on the contempt proceedings against Additional Registrar (Judicial) Nazar Abbas. , which was removed by the court’s office on Tuesday.
The contempt notice was issued when regular benches of the SC could determine the constitutionality of Article 191a of the Constitution.
During today’s hearing, Justice Shah noted that the bench considered two questions – one about the list of cases and the other about invalidating the court order by administrative order.
“The court has not found any evidence to show that the Additional Registrar (Judicial) has any vested interest in the matter,” he observed.
Noting that there was no evidence of any “ill intent” on the part of the SC official, the senior Pisni judge announced the withdrawal of the show-cause notice against Abbas for contempt of court.
Earlier, Registrar Muhammad Saleem Khan had explained that the matter was not settled due to two decisions on January 20 – the regular committee constituted under Section 2 of the SC Practice and Procedure Act and Article 191 (A ) constituted by the Constitution Committee constituted under 4) Of the Constitution.
During the previous hearings, which also witnessed some changes in the bench, the SC had appointed four senior counsels as amici curiae to assist the court.
The question of jurisdiction arose on January 13, when a three-judge bench headed by Justice Shah heard the federal government’s plea against the Sindh High Court’s order striking down Section 221-A(2) of the Customs Act, 1969. . The applicant had argued that the regular bench could not hear the matter as it involved challenges to the constitutionality of the laws.
Hearing of petitions against 26th Amendment adjourned for 3 weeks
Meanwhile, an eight-judge constitution bench, headed by Justice Aminuddin Khan, finally tackled it. Several Challenges to the 26th Amendment
The court issued notices on petitions to the respondents seeking constitution of a full court for hearing and live streaming of the matter in this matter.
Thereafter, the matter was adjourned for three weeks.
A number of petitioners, including the High Court Bar Association, had requested the SC to constitute a full court to hear the matter instead of a constitution bench constituted under the 26th Amendment.
More to follow