Islamabad: During the hearing of appeals against the nullification of Section 221A of the Customs Act in the Supreme Court, Justice Mansoor Ali Shah has remarked that is it possible that some judges of the Supreme Court can be deprived of hearing constitutional matters?
A 3-member bench headed by Justice Mansoor Ali Shah and comprising Justice Ayesha Malik and Justice Irfan Saadat Khan heard the matter.
Justice Mansoor Ali Shah remarked that in this case, a provision of the law has been declared null and void. Is it possible that some judges of the Supreme Court can be deprived of hearing constitutional matters? The bench will formulate some legal questions in this regard. Barrister Salahuddin, you should assist us in this matter.
According to the news agency, Justice Mansoor Ali Shah remarked that the jurisdiction of the court was taken away through Article 191A. Can the jurisdiction be taken back from us?
This is a matter of interpretation of the Constitution and under the current constitutional arrangement, this bench does not have this authority, but the question is whether jurisdiction can be taken away from us? This is a question of independence of the judiciary, how can a separate bench be created within this court?
This is in conflict with the provisions of independence and authority of the judiciary, we will look at this issue first.
Lawyer Salahuddin said that jurisdiction cannot be taken away from the court, during the martial law period when the constitution was suspended, the court did not accept such measures, the tribunals created parallel to the court were abolished, whenever the matter is of jurisdiction, the court has shown strong resistance and defended the independence of the judiciary. The court adjourned the hearing of the case for 15 days.
