The Supreme Court has withdrawn an OUTION OF OUTCTION issued to the additional (judicial) NAZA Abbas.
The court composed of judge Syed Mansoor Ali Shah and Judge Aqeel Abbasi announced the verdict on Monday, Express News reported.
The court ruled that Nazar Abbas had acted without wickedness or personal gain in the management of the file. “There has been no negligence or deliberate contempt for judicial orders in his actions,” said the verdict.
The verdict indicates that the Practices and Procedures Committee has exceeded its authority by withdrawing a case already under judicial decision. Likewise, the judicial commissions did not have the mandate to bypass a judicial order by administrative decisions.
“The commissions have ignored the judicial order, and this case must be resolved by a plenary court,” noted the judiciary, adding that by virtue of article 175 (6) of the Constitution, only a plenary court could decide committees actions.
The magistracy referred the question to the chief judge of Pakistan, Umar Ata Bandial, recommending the formation of a plenary court to determine whether the actions of the judicial committees constituted an outrage.
The training also ordered that a customs case, which had been recalled by mistake, was reassigned to the initial training of three members who initially heard it.
The chief judge will now decide Convening a plenary court to remedy the procedural and administrative irregularities raised in the decision.
During a previous hearing, judge Shah noted that after the formation of a constitutional chamber (CB) within the SC, given the 26th constitutional amendment, the majority of cases had been transferred to the CB.
He said it was necessary to review the competence of regular seats compared to the CB. The court then issued opinions to the respondents.
During the following hearing on January 16, one of the members of the magistracy, judge Khan, was replaced by judge Aqeel Abbasi, who had heard the case relating to the customs law as judge of the High courtyard of the Sind. The training expressed its astonishment in the face of the change in composition of the training and demanded that the previous training be restored by adjourning the hearing on January 20.
However, a SC committee led by the chief judge of Pakistan Yahya Afridi ordered on January 17 at his office to withdraw these cases from the ordinary judiciary and to submit them to the CB committee constituted under article 191a of the Constitution for re -registration.
This decision thwarted the regular members of the magistracy who issued an outlet for an additional (judicial) registrar. The members of the bench also wrote a letter to the committee led by the CJP Afridi.
In the letter, they declared that the non-compliance by the office of a judicial order of the court not only involves the integrity of the institution, but also constitutes a challenge to a well-established law of this court according to which Administrative orders cannot withdraw the jurisdiction of the court. read a case ”.
Despite this letter, the regular committee of the CS did not re -examine its decision concerning the withdrawal of the case of the ordinary jurisdiction, but dismissed the additional clerk “due to a serious failure” on January 21.
