SC additional registrar removed for fixing cases to wrong bench

ISLAMABAD, JAN 22 (DNA): The Supreme Court has removed Additional Registrar (Judicial) Nazar Abbas over a serious lapse involving mismanagement in fixing of cases to the wrong bench of the apex court.

The cases — CPLA Nos 836-K to 887-K, 951-K, 1056-K of 2020 and 741-K to 743-K of 2021 and 165-K of 2022 — included challenge to the vires of Custom Act 1969 and were required to be fixed before the constitutional bench but were instead mistakenly fixed before a regular bench.

The mistake, as per a press release issued by the top court’s Public Relations Department, led to the wastage of time, resources of the institution as well as the parties.

The SC has also directed the registrar to look into the matter.

It was stated that the mentioned cases were fixed before a Regular Bench of three judges which were heard on January 13, 2025, where in addition to the merit of the case, the constitutionality of sub-section 2 of section 11A of the Customs Act was challenged.

Based on this, the jurisdiction of the bench was contested and subsequently, the cases were adjourned to January 16.

Realising the serious lapse on their part, the Judicial Branch through a note approached the Regular Committee under section 2(1) of the Supreme Court (Practice and Procedure) Act 2023.

Keeping in view the serious nature of lapse the committee convened on January 17 under the chairmanship of the Chief Justice of Pakistan (CJP). The committee noted that Clause 3 of Article 191A of the Constitution read with Clause 5 of Article 191A of the Constitution expressly vests such jurisdiction in the constitutional bench and none other.

The committee, therefore, withdrew these cases from the regular bench and directed that the same should be placed before the constitutional bench committee constituted under Article 191A of the Constitution for re-fixation.

It was further stated that the regular committee also directed that in future all cases falling under Article 191A of the Constitution shall be placed before the constitutional bench committee constituted under Article 191A of the Constitution irrespective of any order passed by a regular bench.

The regular committee directed the SC registrar to expedite the process of scrutiny of all pending cases as well as due diligence of the case daily instituted in the apex court to avoid repetition of such lapses.

It was stated that the Constitutional Bench Committee also met on January 17 and decided to fix all cases challenging the 26th Constitutional Amendment and vires of laws. Therefore, a Constitutional Bench comprising eight judges will hear these petitions on January 27.

Meanwhile, the Regular Bench consisting of Justice Mansoor Ali Shah and Justice Aqeel Ahmed Abbasi heard on Tuesday the contempt proceeding initiated against the additional registrar. However, on account of his sick leave, Supreme Court Registrar Muhammad Salim Khan, appeared before the bench.

He pleaded that the fixation of the cases was on account of a mistake which was being examined. He also contended that the de-listing of the cases before this bench was not based on the malicious intent of the additional registrar.

Instead, it was a bona fide act taken in compliance with the direction of the regular committee.

“The SC issued the removal order of the Additional Registrar (Judicial) and the Chief Justice of Pakistan directed the SC registrar to dedicate more resources for early completion of the scrutiny of the pending cases in order to avoid inconvenience to the litigants and legal community,” the press release concluded.

Meanwhile, during the contempt case hearing against the Additional Registrar (Judicial), the SC appointed former Supreme Court Bar Association (SCBA) presidents Hamid Khan and Munir A Malik as the amici curiae (friends of court) for assistance on the question of jurisdiction of a court hearing contempt proceedings and also issued notice to the Attorney General of Pakistan (AGP).

Furthermore, three SC judges Justice Mansoor, Justice Ayesha A Malik and Justice Aqeel Abbasi have written to CJP Yahya Afridi and the head of the constitutional bench Justice Amin-ud-Din Khan about the issue regarding the formation of benches.

In the joint letter, they said it was surprising that despite the judicial order, the cases had not been fixed before the bench concerned on January 20.

These cases were fixed for hearing on January 13 before a bench headed by Justice Mansoor, and consisted of Justice Ayesha and Justice Irfan Saadat. The office had been instructed to schedule the case before the bench on January 20 at 1pm, but they were not even informed that the cases had not been fixed.

Justice Mansoor said that in the presence of the court order, he did not need to attend the meeting of the SC (Practice and Procedure) Committee, and the committee should not have looked into this matter. Rather, the office concerned should have fixed the case for hearing.

The letter stated that the committee could not go against the judicial order and was bound to fix the case on January 20.

The letter further stated that the failure of the office to comply with a judicial order of the court not only undermines the institution’s integrity but is in defiance of the settled law by this court, which clearly states that administrative orders cannot take away the jurisdiction of the bench taking cognizance of a matter.

It raises serious concerns about the independence of the benches and such non-compliance constitutes contempt of court and erodes public confidence and trust in the judiciary, damaging its reputation as a fair and impartial arbiter of justice, said the letter.

The three judges stated that in order to maintain independence, transparency, comity of judges, and smooth functioning of the court, the judicial order passed by the court dated January 16 be complied with and the office may be directed to fix the aforementioned case as per the judicial order and the contents of this letter.

Seperately, the SC has de-listed the cases fixed for hearing before the benches today (Wednesday) January 22.

Cases fixed before benches 1, 2 and 4 have been de-listed including supplementary cause list No 20.