Two-Member Bench Raises Questions on Committees’ Authority
A two-member bench of the Supreme Court has withdrawn the contempt notice against Additional Registrar (Judicial) Nazar Abbas and referred the case to Chief Justice Yahya Afridi for the constitution of a full court to resolve the issue of committees’ powers regarding case assignments.
Key Highlights of the Judgment:
- The bench found no evidence of mala fide intent or personal interest against the Additional Registrar, discharging the contempt notice.
- The committees’ administrative actions to withdraw and reassign cases were deemed unlawful.
- A full court is recommended to authoritatively decide the matter.
Bench’s Observations:
- The Additional Registrar did not deliberately violate the court’s directives regarding case assignments.
- The committees’ actions undermined judicial independence by unlawfully nullifying judicial orders.
- No administrative body has the authority to undo judicial orders or interfere with a bench’s jurisdiction once it has assumed a case.
Recommendation for a Full Court:
- The court referred the matter to the Chief Justice, emphasizing the need for a full court to resolve the issue of committees’ powers definitively.
- The decision is essential to safeguard judicial independence and maintain public confidence in the judiciary.
