Islamabad: The Supreme Court has appointed senior lawyers Khawaja Haris and Ahsan Bhawan as judicial assistants after the Attorney General objected to the appointment of Munir A. Malik and Hamid Khan as judicial assistants in the contempt of court case over the issue of not fixing the bench powers case for hearing, while Justice Mansoor Ali Shah remarked that this judicial action has nothing to do with the 26th Constitutional Amendment, if they start fearing it, it’s a different matter.
When a two-member bench comprising Justice Mansoor Ali Shah and Justice Aqeel Abbasi began hearing the case, Attorney General Mansoor Usman Awan appeared in the court and raised objections to the appointment of Munir A. Malik and Hamid Khan as judicial assistants and framing new questions in the contempt of court case.
The Attorney General said that the judicial assistants who were appointed are the lawyers of the petitioners against the 26th Amendment. In a contempt of court case, the court has a very limited power to hear. This matter is between the court and the person who has committed the contempt. A written statement of the person who issued the show cause notice should be submitted.
Justice Aqeel Abbasi said that your opinion is correct, we are also aware of this. The Attorney General said that under the 26th Constitutional Amendment, the Constitutional Committee now has the authority to form a bench. Justice Mansoor Ali Shah remarked that this case has nothing to do with the 26th Constitutional Amendment. If they start fearing themselves, then it is a different matter.
Judicial Officer Nazar Abbas, who was made OSD, appeared in the court. Justice Mansoor Ali Shah told him that our intention was not like that, but we wanted to know why the case was returned. Something has happened to you too. I don’t know how much role you played in this.
The court directed them to submit a written response today. Judicial Assistant Munir A. Malik appeared via video link and took the position that a judicial order cannot be replaced by an administrative order, a judicial order can only be replaced by another judicial order.
Under Section 2A of the Practice and Procedure Act, the matter can be referred to the Administrative Committee for the formation of a full court.
Justice Mansoor Ali Shah inquired whether we can issue such an order in a contempt of court case. Munir A. Malik replied that this issue should be settled forever because it is related to the independence of the judiciary. Lawyer Shahid Jamil said that in Peshawar too, the bench was changed in a similar way, then Justice Qazi Faez Isa wrote a note, the matter can be referred to the committee for the formation of a full court. Hamid Khan also argued for the formation of a full court.
