Islamabad: Supreme Court (SC) has announced reserved judgment of contempt of court case against Additional registrar Nazar Abbas.
The court has withdrawn contempt of court notice against additional registrar Nazar Abbas.
The matter of procedure and powers of judges committee has been sent to Chief Justice of Pakistan (CJP)
A 20-page decision regarding contempt of court case was announced
A two members bench of SC comprising justice Mansoor Ali Shah and justice Aqeel Abbasi had reserved judgment on Thursday following completion of arguments of lawyers and amicus curiae.
Du ring the hearing of the case the court had summoned argument on formation of full court.
SC additional registrar judicial Nazar Abbas was removed from his office on the matter of non fixation of benches powers case for hearing despite court's orders.
Now the order issued by SC says that Additional registrar Nazar Abbas has not violated court's order deliberately.
The court maintained judges committee and constitutional committee have violated court's orders. However further proceedings against Nazar Abbas was abolished.
SC has recommended for constitution of full court on the matter related to powers of committees. File in this regard has been sent to CJP.
SC said in the decision judicial orders cannot be changed at administrative level. Prima facie the contempt of court proceedings has to be conducted against judges committees. However contempt of court proceedings is not being carried out against judges committee.
The court said in the decision there were two questions before us. Can a case be withdrawn from regular bench in the presence of judicial order.
SC said in its decision prima facie no malafide intent is being seen in the steps taken by Nazar Abbas. The step taken by Nazar Abbas does not fall under contempt of court. We accept his explanation and abolish contempt of court proceedings.
The court said practice and procedure committee withdrew the case which did not fall in its powers. Did the judges committee ignore judicial order or otherwise , this matter can be settled by full court.
CJP should constitute full court and see this matter. Full court should see this matter under clause 6 of article 175 of the constitution.
The decision said case regarding customs act was taken from us in wrong way. Customs act case be fixed for hearing before the same 3-member bench which had heard it earlier.