ISLAMABAD – The Supreme Court has withdrawn a contempt notice against Additional Registrar (Judicial) Nazar Abbas and sought formation of a full bench to decide whether the Practice and Procedure Committee and the Judges Constitutional Committee has violated the court order.
A two-member bench consisting of Justice Mansoor Ali Shah and Justice Aqeel Abbasi pronounced the verdict in case related to contempt notice issued to the apex court’s staff over a controversy regarding fixation of cases.
The bench ruled that Abbas did not intentionally commit contempt of court, therefore, the show-cause notice against him is withdrawn.
The court further stated that the Practice and Procedure Committee and the Judges’ Constitutional Committee had ignored the judicial order. The matter of contempt of court against both committees has been referred to the Chief Justice of Pakistan.
The bench also directed that the chief justice of Pakistan should form a full court to look into the matter.
During the hearing, there were two questions before the bench: whether a judicial order can be overruled by a regular bench, and whether a judicial order can be nullified through an administrative order.
The bench concluded that the Practice and Procedure Committee did not have the authority to withdraw the case despite the judicial order. Similarly, the Judges’ Constitutional Committee did not have the authority to withdraw the case via an administrative order in the presence of a judicial order.
Regarding whether the committees ignored the judicial order, the court stated that this matter could only be resolved by a full court.
The decision further stated that the Chief Justice of Pakistan should form a full court to review this matter. The full court should examine the case under Article 175(6) of the Constitution.
