ISLAMABAD, Jan 30 (APP):The Constitutional Bench of the Supreme Court (SC) has issued its written order on Thursday withdrawing two judicial orders issued by a two-member Bench of the SC on January 13 and 16, 2025.
The written order says, a notice was issued to the Additional Registrar (Judicial) of this Court as to why contempt proceedings may not be initiated against him. Later on, the said notice was challenged by the Additional Registrar in Criminal Intra Court appeal which was fixed before the larger bench. Later on, the notice was withdrawn. Criminal Intra Court Appeal was also disposed of by the Larger Bench with majority of 4-2 (two judges simply dismissed the IA as withdrawn) vide order dated 27-01-2025.
The orders dated 13-01-2025 and 16-01-2025 passed in these cases are unanimously declared to be without jurisdiction and lawful authority, therefore, the same are hereby recalled and the superstructure built thereupon also falls on the ground. As the subject matter of these civil petitions for leave to appeal is challenging the vires of sub section 2 of the section 221 A of the Custom Act 1969, therefore, under Article 191A(4) of the constitution, these CPLAs were mistakenly/inadvertently fixed before the regular Bench and the regular Bench has assumed the jurisdiction without lawful authority. Accordingly, the above noted orders passed by the regular Bench in these CPLAs are non est. the Committees constituted under Article 191A(4) of the Constitution and under Section 2(1) of the Supreme Court (Practice and Procedure) Act 2023 are the legal and Constitutional fora to determine which Bench shall hear what matters. The exercise of powers and performance of legal and Constitutional functions by both the Committees do not impinge upon the judicial functions of any bench.’
