ISLAMABAD: Three Supreme Court judges have written to Chief Justice Yahya Afridi regarding changes in the bench and the non-scheduling of the benches’ powers case.
Senior judges Justice Mansoor Ali Shah, Justice Ayesha Malik and Justice Aqeel Abbasi have addressed the letter to Chief Justice Yahya Afridi concerning the non-listing of the bench powers case.
The three judges also wrote a letter to the head of the constitutional bench Justice Aminuddin Khan.
Justice Aqeel Abbasi, who joined the bench on January 16, had previously heard the case as a Sindh High Court judge, the letter stated.
The letter stated that Justice Aqeel Abbasi was added to the bench on January 16. He has heard the case as a judge of the Sindh High Court.
Media reports say the letter also complained of not fixing the case for January 20 before the bench. The letter also questioned a Practice and Procedure Committee meeting held on January 17.
On January 16, the members’ bench headed by Justice Mansoor Ali Shah heard the case and ordered the registrar’s office to fix the case before the previous bench on January 20. The Supreme Court office had replaced Justice Irfan Saadat with Justice Aqeel Abbasi.
Earlier the case was heard by Justice Mansoor Ali Shah, Justice Ayesha Malik and Justice Ifran Saadat.
The office sent the case to a Judges Committee of the top court instead. The committee fixed the case before the Constitutional Bench on January 27.
It triggered Justice Mansoor Ali Shah and other members of the bench and issued a contempt notice to Additional Judicial Registrar Nazar Abbas who appeared before the bench despite orders.
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Justice Ayesha Malik questioned whether a research officer could now decide which cases are assigned to the constitutional bench. She stated that the Judges Committee ignored judicial orders.
Justice Mansoor Ali Shah argued that the committee lacked the authority to withhold the case. He added that if Justice Irfan Saadat was unavailable, another judge should have been assigned instead.
Justice Ayesha Malik said that the committee has no authority to transfer the case, under the 26th Amendment, this bench will go to the constitutional bench, this discussion could have been held in our court as well.
Barrister Salahuddin said that there was also a case involving journalists on which suo motu notice was taken, on suo motu notice it was decided that if a bench sends a case to the Chief Justice, he will look into it.
Justice Ayesha said that she doesn’t understand how one Chief Justice can be better than two or three minds?
Justice Mansoor Ali Shah said that this case was not kept in any other court except in our court, this entire case was made to disappear.
The Supreme Court has directed that the Additional Registrar Judicial appear in person and give an explanation, the case will be heard tomorrow at 9:30 am in the first number.