Govt to challenge Justice Mansoor’s orders

ISLAMABAD: The Supreme Court on Tuesday overturned two orders issued by a bench led by Justice Mansoor Ali Shah on January 13 and 16, 2025.

A seven-member constitutional bench, constituted under the 26th Constitutional Amendment and headed by Justice Amin-ud-Din Khan, heard the challenge to the vires of subsection (2) of Section 221-A of the Customs Act, 1969, introduced via the Finance Act, 2018. The bench included Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan.

The constitutional bench annulled the orders passed by Justice Mansoor Ali Shah’s three-member bench, which had raised questions about the judicial jurisdiction curtailed through Article 191A, introduced via the 26th Constitutional Amendment.

On January 13, Justice Shah’s bench, comprising Justice Ayesha A. Malik and Justice Irfan Saadat Khan, had sought the interpretation of the newly added Article 191A of the Constitution. Similarly, on January 16, while hearing the Customs Act case, Justice Shah’s bench had sought arguments from the federation’s lawyer and Dewan Motors (Pvt) Limited on the constitutional validity of Article 191A. On Tuesday, the constitutional bench not only recalled both orders but also directed that the record of Additional Registrar Nazar Abbas contempt case be linked with the Customs Act case. The hearing was adjourned indefinitely.

Attorney General Mansoor Usman Awan informed the bench of the federal government’s decision to file a review petition against Justice Mansoor Ali Shah’s judgment in the contempt of court case involving Additional Registrar Nazar Abbas. The government has also referred the issue of judicial committees assigning cases to the chief justice of Pakistan for full-court deliberation. The AG argued that Justice Mansoor Ali Shah’s two-member bench had exercised suo moto jurisdiction, which it was not empowered to do. He said the government would challenge the decision as unconstitutional.

Justice Muhammad Ali Mazhar questioned whether the constitutional bench could proceed with the Customs Act case when Justice Shah’s bench had already directed that the case be fixed before it.

The AG explained that Justice Shah’s bench had issued two orders on January 13 and 16 — first adjourning the case to January 27 and later to January 16 — without issuing notices to the attorney general.

Justice Naeem Akhtar Afghan expressed concern over Advocate Salahuddin’s role, suggesting his submissions before Justice Shah’s bench may have influenced the case being fixed before the same bench. Justice Jamal Khan Mandokhail called the situation “unfortunate” and stressed that it should not have occurred. Justice Muhammad Ali Mazhar accused Barrister Salahuddin of lacking seriousness, prompting a stern response from the lawyer, who defended his credibility. Salahuddin offered to argue the case on merits if the bench wished to proceed. Justice Mandokhail, however, said that the file was now closed and they sought arguments only to better understand the matter.

Meanwhile, Justice Ayesha A. Malik recused herself from further hearings the other day, citing her involvement in the January 16 order. In a written statement, she emphasized that judicial orders must be respected and cannot be undone by administrative actions.

She said: “Judicial orders are authoritative pronouncements of the court, representing its authority and affirming judicial independence. Any disagreement with a judicial order must be addressed through judicial proceedings. Allowing administrative actions to negate judicial directives undermines judicial authority and independence.”

In another development, the Supreme Court reinstated Nazar Abbas, a Grade 21 officer, to his position as Additional Registrar (Judicial). According to an office order issued by Pervez Iqbal, Additional Registrar (Admin) for the Registrar Supreme Court, the competent authority has withdrawn the earlier order dated January 21, 2025. It further stated that Nazar Abbas, Additional Registrar (Judicial) BS-21, is allowed to continue performing his duties with immediate effect and until further notice.

It is pertinent to mention that a Supreme Court bench led by Justice Mansoor Ali Shah had recently announced a judgment discharging the show-cause notice issued to Nazar Abbas for contempt of court in a matter related to the bench’s powers. Earlier, on January 21, the Supreme Court had removed Nazar Abbas from his position, citing a serious lapse, and had directed the registrar to investigate the matter.