Federal Govt to challenge SC’s full bench formation order

ISLAMABAD: The Supreme Court of Pakistan has withdrawn orders of its two-member bench, headed by Justice Mansoor Ali Shah, regarding interpretation of the Article 191 A of the Constitution and has directed to attach the Contempt of Court notice with the Costume Duty case for further proceedings.

The seven-member Constitutional Bench of the Supreme Court, headed by Justice Amin ud Din Khan issued the orders of withdrawal during hearing the Costume Duty case here Tuesday.

Justice Ayhesha Malik, a member of the seven-member bench, recused from the Bench and said that she cannot be part of this bench and will give the reasons in written on a later stage.

Attorney General for Pakistan (AGP) Mansoor Usman Awan informed the court that the Federal Government has decided to challenge the court order of the two-member bench headed by Justice Mansoor, regarding convening of a Full Court and interpretation of 191A about the jurisdictions of the regular and the constitutional Benches. In that judgment, the Court has asked the Chief Justice of Pakistan to convene a full court for an authoritative judgment in this regard.

Justice Muhammad Ali Mazhar inquired if the court can go ahead in the Costume Duty case when Justice Mansoor Ali Shah has ordered to fix the case before him?

Justice Jamal Mandokhail observed that independence of judiciary is not the concern of only a few. Everyone wants the judiciary to be independent. Nobody should worry about the independence of judiciary. Nothing bad is going to happen. He further remarked that one judge recused from the three-member bench. In such a situation how the bench can continue to order fixing of a particular case before a particular bench?

Justice Hasan Azhar Rizvin questioned that had the same judge the authority to define the bench after one member recused?

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It may be worth mentioning that a two member bench of the SCP comprising Justice Mansoor Ali Shah and Justice Aqeel Abbasi, in its judgment in the contempt of court proceedings, has declared that the Practice and Procedure Committee and the Judges Committee have ignored the judicial order and the chief justice of Pakistan should constitute Full Court to see into the matter. The Federal Government has decided to challenge this judgment.