Justice Mansoor labels delay in bench powers case as ‘contempt of court’

Supreme Court Justice Mansoor Ali Shah has declared the delay in scheduling the bench powers case as “contempt of court,” urging Chief Justice Yahya Afridi to address the matter promptly.

In a letter co-signed by Justices Ayesha Malik and Aqeel Abbasi, concerns were raised over the handling of judicial orders, Express News reported.

Sources reported that that Justice Amin-ud-Din Khan was also informed through a separate letter, which referenced Justice Abbasi’s recent inclusion in the bench on 16 January. The judges expressed dissatisfaction over the failure to schedule the case for a hearing on 20 January.

Justice Mansoor’s letter criticised the procedural delays, arguing that the bench could have been formed earlier to ensure timely proceedings.

He further stated that disregarding judicial orders undermines the authority of the court.

The issue has sparked debate about judicial practices and compliance within the court’s administrative processes.

The Supreme Court’s procedural committee, which met on 17 January, was also mentioned in the correspondence. Justice Mansoor emphasised that his stance on the matter is already on record.

SC issues contempt notice to additional registrar

Following the issuance of a contempt notice to the additional registrar for failing to fix cases related to the 26th Amendment before a regular bench, the Supreme Court has now listed all petitions challenging the constitutional tweak before an eight-member constitutional bench.

The hearing is scheduled for January 27 (Monday).

The move comes after a three-judge regular bench led by Justice Syed Mansoor Ali Shah expressed serious concern over the delay in hearing the case where it was questioned whether the jurisdiction of the SC’s regular benches could be curtailed through the 26th Amendment.

The bench was surprised that the SC office did not fix the matter following the committee’s decision, which was not even in written form.

During Monday’s hearing, Justice Shah’s bench criticised the Supreme Court office for not scheduling the case after the committee’s decision, which had yet to be documented in writing. The court issued a show-cause notice to the additional registrar and summoned him for an explanation on Tuesday (today).

Earlier, Justice Mansoor Ali Shah and Justice Munib Akhtar had urged Chief Justice of Pakistan (CJP) Yahya Khan Afridi to immediately fix hearings for the pleas challenging the 26th Constitutional Amendment.

The dispute began on October 31, 2024, when Justices Shah and Akhtar formally addressed a letter to CJ Afridi, urging him to meet under the Supreme Court Practice and Procedure Act, 2023.