SC adjourns case about validity of Article 191A until 20th

ISLAMABAD: The Supreme Court on Thursday adjourned until January 20 the matter related to the constitutional validity of the newly added Article 191A to the Constitution through the 26th Amendment.

A three-member bench of the apex court, headed by Justice Syed Mansoor Ali Shah and comprising Justice Ayesha A. Malik and Justice Irfan Saadat Khan, had heard the federation’s appeal against the Sindh High Court on January 13.

The appeal challenges the vires of sub-section (2) of Section 221-A of the Customs Act, 1969, added via the Finance Act, 2018.

The court had sought the assistance of counsel from the federation and the respondent Dewan Motors (Pvt) Ltd.) on January 16 regarding the constitutional validity of Article 191A, which was added to the Constitution through the 26th Constitutional Amendment.

The federation’s lawyer argued that the present regular bench of the court cannot hear these cases, as they involve a challenge to the constitutionality of a law, specifically sub-section (2) of Section 221-A of the Customs Act, 1969.

When asked why this bench could not hear the cases, the learned counsel referred to the provisions of Article 191A, which was added to the Constitution through the 26th Constitutional Amendment.

In response, the counsel for the respondent contended that Article 191A, the basis of the objection to jurisdiction, is constitutionally invalid as it infringes upon the salient features of the Constitution, including the independence of the judiciary and the separation of powers among the three organs of the State.

On Thursday, when the bench resumed hearing, Justice Irfan Saadat Khan, one of the members of the bench, was replaced by Justice Aqeel Ahmed Abbassi.

Justice Syed Mansoor Ali Shah explained that Justice Aqeel Ahmed Abbassi, who had initially heard the main case in the Sindh High Court and had decided the case, was added to the bench to replace Justice Irfan Saadat Khan.

Justice Syed Mansoor Ali Shah said since Justice Irfan Saadat Khan was part of this regular bench, the earlier bench would resume hearing the matter on Monday, examining whether the newly added Article 191A to the Constitution through the 26th Constitutional Amendment can take away the right of jurisdiction from regular benches.

Later, the court issued a notice to the Attorney General’s Office for its assistance on the matter and adjourned the case until January 20.