Senior judge of the Supreme Court, Justice Mansoor Ali Shah, has said that I also did not know about the meeting of the judges committee, although I am a member of the committee.
A hearing was held in the Supreme Court on the issue of the powers of constitutional benches and regular benches, Barrister Salahuddin appeared before a 3-member bench headed by Justice Mansoor Ali Shah.
Barrister Salahuddin took the position that I came from Karachi, the case was not scheduled for hearing today, Justice Mansoor Ali Shah said that I will find out about this, Additional Registrar Supreme Court Nazar Abbas should appear and tell me, tell me why the case was not scheduled for hearing today.
After a short break, the hearing resumed, Deputy Registrar Supreme Court Zulfiqar Ali appeared in the court, and told the court that the judges committee meeting was held, in the judges committee meeting, it was decided that the case should be scheduled for hearing before the constitutional bench on January 27.
Justice Mansoor Ali Shah remarked that I am a member of the Judges Committee, I did not know about the Judges Committee meeting even though I am a member of the Judges Committee.
The Deputy Registrar said that the decision of the Judges Committee meeting is attached with the file, Justice Ayesha Malik said that the cases were scheduled for hearing before us, the cases fixed before us for the whole week have been changed, please tell us the details.
Justice Mansoor Ali Shah spoke to the Deputy Registrar Supreme Court that we are sitting in the tea room, please tell us the minutes of the Judges Committee meeting and the details about changing the cases, also bring the meeting minutes of the Judges Committee meeting, please tell us, we will come to the court again.
Later, the Supreme Court adjourned the hearing of the case till tomorrow, issued a show cause notice to the Additional Registrar Judicial under contempt of court, the court said that the Additional Registrar Judicial should appear in person and give an explanation, the case will be heard tomorrow at 9:30 am in the first place, in January the court had directed that the case be fixed for hearing on January 20 at 1 pm.
The Supreme Court said that we had said in the order that the case should be fixed for hearing before the same bench, in the order the court said that the cause list of the case was not issued today, the Additional Registrar did not come to the court today due to ill health, we were informed by the Supreme Court Office that the Judges Committee has fixed the said case before the Constitutional Bench on January 27, the meeting minutes of the Judges Committee meeting in which this decision was taken have not yet been received by the Office.
The Supreme Court said that in the presence of the judicial order of January 16, how can the court order be ignored? We were also told that all tax-related cases before this bench were also canceled. The court was told that now a research officer will decide which cases will go to the constitutional bench. The judges committee ignored the judicial order.
Justice Ayesha Malik remarked that now a research officer will tell us which case will be fixed where? Justice Mansoor Ali Shah said that this case has gone to the administrative committee. If Justice Irfan Saadat is busy, then someone else should come to the bench. The committee has no authority not to file a case.
Justice Ayesha Malik said that the committee has no authority to transfer the case. Under the 26th Constitutional Amendment, this bench will go to the constitutional bench. This discussion could have taken place in our court as well.
Barrister Salahuddin said that there was also a case involving journalists on which suo motu notice was taken. The decision of this case had decided that if any bench sends the matter to the Chief Justice, then the Chief Justice will look into the matter.
Justice Ayesha Malik said that I do not understand how one Chief Justice can be better than two or three minds. Justice Mansoor Ali Shah said that this case was not fixed in any other court except our court, the entire case was made to disappear.
