A significant judicial conflict has emerged in Pakistan’s Supreme Court concerning the authority of legal and regular benches. This dispute has persisted for two weeks, and tomorrow is expected to be a crucial day in this ongoing saga.

1. Six-Member Larger Bench Hearing: A six-member larger bench, led by Justice Jamal Khan Mandokhail, will hear the intra-court appeal of the Additional Registrar, Nazar Abbas, regarding the contempt of court notice issued to him.
2. Two-Member Bench Verdict: Simultaneously, a two-member bench headed by Justice Mansoor Ali Shah will announce a reserved judgment in the same contempt of court case.

Origins of the Dispute

Two weeks ago, the jurisdiction of the regular bench was challenged in a Customs Act case. In response, Justice Mansoor Ali Shah, as part of a two-judge bench, raised an important question regarding the authority of the Judges Committee to override a judicial order. Justice Shah’s remarks included:

• Undoing a judicial order by the Judges Committee constitutes contempt of court.
• A notice of contempt of court was issued to the Additional Registrar for failing to implement a judicial order.

Justice Mansoor Ali Shah reserved the decision on whether the Judges Committee’s actions amounted to contempt, which will now be announced tomorrow.

Intra-Court Appeal by the Additional Registrar

The Additional Registrar, Nazar Abbas, filed an intra-court appeal against the contempt notice, arguing:

• He was made a scapegoat in the case.
• The change in the hearing date from January 27 to January 16 was against the principles of natural justice and the rules of the Supreme Court.
• The show-cause notice and the Registrar’s office order should be withdrawn as they did not provide him an opportunity to explain.

Key Issues at Stake

1. Jurisdiction of Benches:
   • Justice Mansoor Ali Shah’s earlier judgment raised the question of whether the Judges Committee could undo a judicial order. The ruling may clarify the distinction between the jurisdiction of regular and constitutional benches.
   • The Judges Committee’s formation of a six-member bench to hear the intra-court appeal has also been contested.
2. Contempt of Court:
   • Justice Mansoor Ali Shah’s reserved judgment will determine whether contempt proceedings against the Additional Registrar should proceed or be restrained.
   • The matter may also be referred to the full court for a broader resolution.

Tomorrow’s Hearings

• At 1:00 PM, the six-member bench led by Justice Jamal Khan Mandokhail will hear the intra-court appeal of Nazar Abbas.
• Justice Mansoor Ali Shah’s two-member bench will announce its decision on the contempt of court notice against the Additional Registrar.

The possible outcomes include:

• Referral of the case to a larger bench for clarity on jurisdiction.
• Resolution of the contempt case through restraint or further proceedings.

Broader Implications

This legal dispute has sparked significant debate over the roles and powers of regular and constitutional benches in the Supreme Court. The following questions are central:

• Can the Judges Committee cancel or override a judicial order?
• How should cases be allocated between regular and constitutional benches?

Legal experts argue that the Supreme Court’s full court may need to address these issues to ensure consistency and eliminate confusion. The decision could have far-reaching implications for the judiciary’s administrative and procedural structure.

Commentary from Experts

Retired Justice Shahid Jameel emphasized the need for a larger bench to resolve the matter, stating:

• The Supreme Court’s jurisdiction is defined under Articles 175 and 191 of the Constitution.
• The Judges Committee, formed under the Practice and Procedure Act, allocates cases and ensures representation from both regular and constitutional benches.

He further noted that this technical and constitutional debate should not be politicized, as it is fundamentally a bona fide interpretation of judicial scope.

Final Thoughts

Tomorrow’s proceedings are expected to shed light on the jurisdictional powers of Pakistan’s Supreme Court and the scope of the Judges Committee’s authority. The outcomes will likely impact how judicial and administrative functions are harmonized within the country’s highest court.