Justice Shah interrogates the dismissal of the case, arguing that apprehension should not sway judicial determinations.
The case has nothing to do with the 26th constitutional amendment, Justice Mansoor Ali Shah said during the contempt of court proceedings over the Supreme Court benches’ failure to schedule the case, adding, “If someone is afraid, that’s a separate matter.”
Judges Mansoor Ali Shah and Aqeel Abbasi made up the two-member bench that oversaw the hearing. As instructed, Nazar Abbas, the Additional Registrar of the Supreme Court, and Mansoor Usman Awan, the Attorney General for Pakistan, appeared before the court.
As legal counsel for petitioners contesting the 26th Amendment, the Attorney General objected to the appointment of judicial assistants at the beginning of the hearing. The court addressed the issue by appointing Khawaja Haris and Ahsan Bhoon as two more judicial assistants to help with the case. Justice Aqeel Abbasi extended an invitation to anyone else who would be interested in offering legal support.
According to the Attorney General, he had a separate duty as a prosecutor in contempt proceedings, but he might also provide assistance under Article 27A.
Justice Mansoor Ali Shah raised concerns about the committee’s authority to transfer cases from a regular bench, pointing out that the case included procedural issues and Article 191A. In order to clarify why the case was taken off the cause list, he called Additional Registrar Nazar Abbas.
“The Practice and Procedure Committee’s authority, not the 26th Amendment, is at issue in this case,” Justice Mansoor emphasized. Making judgments based on fear is a different matter. Furthermore, he gave Nazar Abbas till the end of the day to provide a written response.
Additionally, the Attorney General emphasized that the registrar’s stance could not be regarded as Nazar Abbas’ defense until he turned in his written statement.