Justice Mansoor objects to bench hearing additional registrar’s ICA

ISLAMABAD: Senior pusine judge of the Supreme Court Mansoor Ali Shah has raised objections over the larger bench constituted for hearing an intra-court appeal (ICA), filed by apex court additional registrar judicial against the show-cause notice issued to him in a bench’s power case.

The judge’s committee had constituted a six-member larger bench, headed by Justice Jamal Khan Mandokhail for hearing the ICA on January 27, filed by Additional Registrar Judicial Nazar Abbas against the show-cause notice issued to him by a regular bench in a bench’s power case.

Other members of the bench included Justice Muhammad Ali Mazhar, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed and Justice Musarrat Hilali, which will hear the ICA at 1pm on Monday, January 27.

In a letter addressed to judge’s committee, Justice Mansoor said two judges -- Justice Jamal Khan Mandokhail and Justice Muhammad Ali Mazhar -- had conflict of interest in the matter and they could not sit on the bench as they were members of the committee constituted under clause (4) of Article 191A of the Constitution.

“The said Committee took up the matter of CPLA No. 836-K/2020 and fixed it on 27.1.2025 before the Constitutional Bench, hence they cannot be members of the Bench as the decisions of both the Committees are in question in the contempt proceedings,” Justice Shah wrote. The senior judge further wrote that he did not get a chance to record his opinion on the file as the actual file was never sent to his office and the majority itself decided the matter and issued the roster.

“Therefore, I want this note to be placed on the record of the decision of the Committee dated 23.1.2025, constituting the larger Bench, constituted for hearing the instant Intra Court Appeal (ICA),” added the letter.

Justice Mansoor said the file for approval of the court roster for constitution of a larger bench to hear Crl. ICA No. 1/2025 in Criminal Original Petition No. 1/2025, was put up through his secretary via WhatsApp in the night at 9:33pm on 23.1.2025, which proposed a six-member bench. “I informed my secretary that I will attend to this file in the morning and later on my secretary at 10:28pm shared the Court Roster on WhatsApp, issued by the Registrar after approval from two members of the Committee, constituted under Section 2(1) of the Supreme Court (Practice and Procedure) Act, 2023,” Justice Shah’s letter said.

On receipt of the court roster, Justice Shah said he communicated his objection through WhatsApp for onward transmission to the officials concerned.

Narrating the background regarding the constitution of the said larger bench, Justice Mansoor said after a meeting of the Judicial Commission of Pakistan yesterday [Friday], the chief justice called an informal meeting of the committee in his chamber, comprising the chief justice himself [Justice Aminuddin Khan], the most senior judge of the constitutional benches.

Justice Shah said it was agreed that a larger bench be constituted to hear the ICA in the above matter and he recommended for constitution of a larger bench comprising five judges in order of seniority, excluding those who cannot hear the said ICA due to conflict of interest.

The senior judge said the chief justice expressed that he would like a four-member bench on the matter, and the meeting ended there. But, later on, at night, he received a WhatsApp message at 9:33pm from his secretary seeking approval regarding proposed six-member bench, for approval as a member of the committee.

“I told my Secretary that I will attend to it tomorrow as I have some objections; however, at 10:28 pm, I was informed by my secretary that the Bench stood constituted and the roster has been issued by the majority decision of the Committee,” Justice Shah wrote.