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ISLAMABAD, Jan 22 (APP):Attorney General for Pakistan Mansoor Usman Awan has objected to the appointment of Advocate Hamid Khan and Advocate Munir A Malik as amicus curiae and said both the lawyers represent their clients in petitions against the 26 Amendment.
The Court allowed him to suggest other names and appointed Khwaja Haris and Muhammad Ahsan Bhoo after the AGP sought excuse to suggest any names.
A two-member bench of the Supreme Court of Pakistan, headed by Justice Mansoor Ali Shah and comprising Justice Aqeel Abbasi was hearing the Contempt of Court notice against Additional Registrar Judicial that emerged during a case regarding jurisdictions of the regular bench in the SCP.
Additional Registrar (Judicial) Nazar Abbas was present in the Court. The Court asked him to submit his response in written better today (Wednesday).
On the objection of the AGP on the appointment of Advocate Hamid Khan and Advocate Munir A Malik, the court allowed him to suggest names but the AGP replied that he doesn’t want to name someone. The Court then appointed Advocate Khwaja Haris and Advocate Muhammad Ahsan Bhoon and observed that anyone, who can assist the court is allowed to assist in this matter.
The AGP pleaded before the Court that the Contempt of Court matter is between the Court and the person responsible, he can however appear before the Court as prosecutor. The AGP added that he can assist the Court on legal question under Article 27A, but his role as AG is different in the Contempt matter.
Justice Mansoor Ali Shah remarked that the main question is about Section 2 of the law of practice and procedure. The Court wants to make clear its jurisdictions and to see if a case can be withdrawn by an administrative committee. The current proceedings have nothing to do with the Constitutional Amendment case.
In the meanwhile, decisions of the Practice and Procedure Committee were produced before the court in defense of the Additional Registrar. The AGP, however said that until the written reply of the Additional Registrar is submitted before the Court, the plea of the Registrar cannot be termed his defense.
Justice Mansoor Ali Shah remarked that the Court did not wanted this. We just wanted to know our jurisdiction and why a certain case was withdrawn?
During the Course of proceedings, a lawyer Shahid Jamil came before the Court and said that the same was happened once in Peshawar High Court and a bench was changed. The then CJP Justice Qazi Faiz Isa took notice of that. The roster at the SCP keeps changing and even a bench can be changed during the case. However, a case cannot be withdrawn when a particular bench is hearing it.
Justice Mansoor Ali Shah asked Munir A Malik; can the Court issue order for a full court hearing during the proceedings of a Contempt Notice?
‘The decisions of the procedure committee are produced before the court as defense. In this case, the court can certainly order for a full court hearing’, responded Munir A Malik.
Advocate Hamid Khan argued before the Court that an administrative forum is bound to judicial orders. A regular bench can hear a constitutional matter.
The Supreme Court is established under the Constitution and the Constitution terms the Chief Justice and other Judges as the Supreme Court.
The court then adjourned the proceedings for tomorrow.