Supreme Court puisne judge Justice Mansoor Ali Shah questioned the judicial assistant, asking whether a bench could be formed by the executive rather than the judiciary, suggesting that the judicial order had been overlooked by the Judges’ Committee.
Senior most judge of the apex court made these remarks in contempt of court case in the jurisdiction of regular benches that were transferred to the constitutional bench.
Hamid Khan responded that this was unprecedented, emphasizing that judicial power is vested in the entire Supreme Court and administrative orders cannot alter judicial rulings.
Justice Aqeel Abbasi remarked that there appeared to be confusion on the matter, pointing out that forming benches used to be the Supreme Court's prerogative, but some of its powers had now been curtailed.
Additional Registrar Nazir Abbas submitted his response, stating that the court’s order had not been violated and requested the withdrawal of the show-cause notice.
The hearing of the contempt case is being conducted by a two-member bench led by Justice Mansoor Ali Shah, as the bench powers case has yet to be scheduled. After Hamid Khan’s arguments, judicial assistant Ahsen Bhon continued, arguing that in the past, constitutional provisions had been rendered inactive by judicial decisions and requesting that the court refrain from such actions in the future.
Justice Mansoor Ali Shah jokingly responded, asking whether Bhon was implying that past mistakes were now fixed, noting that the bench was not an “constitutional bench” and could not make such orders. Bhon reiterated his position that a separate constitutional court should be established.
The discussion also involved queries about the formation of benches, with Justice Mansoor asking whether it was legal for the executive to form benches. Bhon asserted that the law made by Parliament must be followed as long as it remains part of the constitution.
Justice Mansoor Ali Shah also inquired about the review of Article 191A, to which Bhon responded that any review would need to be referred to a constitutional bench. Justice Mansoor pointed out that a running case could not be taken back by the committee, and Bhon reiterated that this was in line with constitutional intentions.
Justice Aqeel Abbasi raised the question of whether an order by the court would have been unconstitutional. Bhon argued that if the matter was constitutional or legal, the committee could refer it to a constitutional bench.
The justices appreciated Bhon’s appearance, thanking him for responding to the court’s short notice, with a light-hearted exchange following. Justice Mansoor Ali Shah also mentioned that Attorney General would be heard today, with the hope of concluding the hearing on the same day.
