Three judges write to Chief Justice Afridi on the SC benches’ authority to not fix a case.
Three judges from the Supreme Court of Pakistan, Justices Mansoor Ali Shah, Ayesha Malik, and Aqeel Ahmed Abbasi, have written to Justice Yahya Afridi, the Chief Justice of the Supreme Court, and Justice Aminuddin Khan on the failure to fix a case involving the authority of Supreme Court benches.
According to the judges’ letter, on January 13, there were still some cases waiting on the benches of Justices Mansoor Ali Shah, Ayesha Malik, and Irfan Saadat Khan.
According to the letter, the topic of whether a regular bench could hear the case was brought up during the State v. Dewan Motors case. In order to allow the attorneys to present their points, the hearing was postponed until January 16.
When the bench was reorganized on January 16, Justice Aqeel Abbasi was added. However, he was unable to hear this case since, according to the letter, he had authored the ruling in this specific case while serving as a judge of the Sindh High Court.
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“We directed the SC office to submit the cases to the pre-existing bench on January 20,” the judges wrote in the letter. We were informed today, however, that these situations could not be resolved.
The letter states that on January 17, the Practice and Procedures committee brought up the subject, and Justice Mansoor Ali Shah told them that he had issued the ruling and that his interpretation of the situation was documented.
He did not have to come before the committee, according to Justice Mansoor Ali Shah, who stated that his order should be accepted in its current form. We are shocked and concerned that cases have not been brought before the bench today in spite of the court order,” the letter stated.
The Practice and Procedures committee did not need to address the matter, according to the judges in the letter.
It was instructions for the office to attach the cases to the bench that was already there. The letter stated that the committee should have set up a bench similar to the one that was previously in place and scheduled the cases for today’s hearing if it had to bring up the matter.
In the letter, Justice Mansoor Ali Shah stated that the committee should not have disregarded the court’s ruling, but that it might have created a new bench by replacing Justice Aqeel Abbasi with a new judge.
“The committee had to fix these cases before a bench on January 20th, but without any help or support, our list for the entire week was altered.”
According to the letter, Justice Mansoor Ali Shah stated that breaking the law was equivalent to disparaging the court’s honor and seriously raising concerns about the bench’s independence.
The letter further stated that such defiance was equivalent to contempt of court and undermined public confidence in the legal system, according to Justice Mansoor Ali Shah.
The letter stated that the office might be instructed to fix the matter today at 1 p.m. and that the court’s order from January 16 should be put into effect.