ISLAMABAD – Attorney General for Pakistan Mansoor Usman Awan on Wednesday objected to the Supreme Court-appointed amicus curies in a contempt of court case related to the non-scheduling of the case on bench jurisdiction.
A SC two-member bench led by Justice Syed Mansoor Ali Shah was hearing the case.
“This case has no connection with the 26th Constitutional Amendment—unless someone is afraid of their own assumptions,” remarked Justice Mansoor Ali Shah.
Attorney General Awan argued that the court’s jurisdiction in contempt cases is very limited and that a written statement from the recipient of the show-cause notice must be submitted.
Justice Mansoor Ali Shah stated, “Our intent was not what you think, but we wanted to understand why the case was withdrawn. It is unclear how much Nazar Abbas was involved. Mr. Nazar Abbas, has something also happened to you?”
The Attorney General contended that under criminal original jurisdiction, the matter is strictly between the court and the alleged contemnor. He further pointed out that the amicus curies are lawyers who challenged the 26th Amendment.
Justice Mansoor Ali Shah warns of judicial independence risks
Justice Aqeel Abbasi acknowledged the Attorney General’s concerns while Justice Mansoor Ali Shah suggested, “Alright, let’s appoint another judicial assistant from the same group,”.
The AGP argued that the 26th Constitutional Amendment granted the authority to form benches to the constitutional committee. However, Justice Mansoor Ali Shah responded, “The question pertains to Section 2 of the Practice and Procedure Law. If a bench wants to assess its jurisdiction, can a case be withdrawn?”
He reiterated, “This case has no connection with the 26th Amendment. If someone is afraid, that’s a separate matter,”.
The court directed Additional Registrar Nazar Abbas to submit a written response by Wednesday (today). Addressing the Attorney General, Justice Mansoor Ali Shah observed, “Mr. Attorney General, you’re smiling. Please suggest a name for the amicus curie,”.
On it, Mansoor Usman Awan smiled and replied, “I am not suggesting any names. The central case regarding the Customs Act is not before you yet,”.
The AGP argued that the question raised by the court could not be heard in a contempt case.
Justice Mansoor Ali Shah said that the committee decisions were presented in Nazar Abbas’ defense. However, the Attorney General insisted, “Until Nazar Abbas submits his written response, the registrar’s stance cannot be considered his defense,”.
The Attorney General further stated that in a contempt case, he can appear as a prosecutor. Under Section 27A, he can assist the court on legal questions.
“However, my position as Attorney General in a contempt case is different,” said the AGP.
The Supreme Court appointed Khawaja Haris and Ahsan Bhoon as amicus curies and directed Additional Registrar Judicial Nazar Abbas to submit his written response.
The apex court put off further hearing until Thursday (tomorrow).
