Key Decisions:
The Supreme Court’s constitutional bench withdrew Justice Shah’s January 13 and 16 orders.
Justice Ayesha A. Malik recused herself from the case due to her involvement in the earlier orders.
Hearing on the Customs regulatory duty case adjourned indefinitely.
Government’s Standpoint:
Attorney General Usman Awan announced the government’s decision to challenge the Supreme Court’s order on forming a full-court bench.
The AG argued that Justice Mansoor Ali Shah exceeded his authority by taking suo motu notice.
Judicial Observations:
Questions were raised about the authority of Justice Shah to assign cases to specific benches.
The court criticised procedural ambiguities in the January 16 order, particularly the term “considered heard.”
Concerns were expressed regarding the impact of administrative actions undermining judicial independence.
Barrister Salahuddin’s Role:
Barrister Salahuddin faced criticism for his handling of the dispute.
Tensions arose between the bench and Salahuddin, though efforts were made to de-escalate.
Justice Ayesha’s Statement:
She emphasised that judicial orders must be addressed through judicial proceedings, not administrative actions, to protect judicial independence.
Outcome:
The constitutional bench linked the record of the Nazar Abbas contempt case to the Customs regulatory duty case.
Hearing adjourned indefinitely amid ongoing disputes over judicial authority and procedure.
