Can a Case Be Withdrawn if the Bench Wants to Exercise Its Jurisdiction?
Introduction to the Case and Jurisdiction Questions
In a recent hearing at the Supreme Court, key questions arose regarding the jurisdiction of the bench hearing the case and the possibility of shifting the case to another bench. Senior Supreme Court Judge Justice Mansoor Ali Shah, during the hearing on January 22, 2025, made significant remarks regarding the case’s connection to the constitutional amendment and the authority of the benches.
Senior Judges’ Remarks on the Power of Benches
Justice Mansoor Ali Shah, alongside Justice Aqeel Abbasi, was hearing the case related to the powers of the benches. The judges condemned the Supreme Court for failing to appoint a case that dealt with the authority of the benches for hearing. They emphasized that the case was not related to any constitutional amendments but focused on the jurisdictional powers of the benches.
Can the Committee Shift the Case?
During the proceedings, the court raised concerns about whether a committee could shift the case that the regular bench was originally hearing. The matter centers around Section 2 of the Practice and Procedure Law, questioning whether the bench has the authority to examine its own jurisdiction and whether the committee’s decisions are valid in this context.
Attorney General Mansoor Usman Awan and Additional Registrar Judicial Nazar Abbas were present in the courtroom. Nazar Abbas defended the committee’s actions, citing previous decisions made by a two-judge committee. However, Attorney General Awan raised concerns, stating that Nazar Abbas had to provide a written reply before considering the position of the Registrar as a defense.
Written Response and Further Proceedings
Justice Mansoor Ali Shah directed Additional Registrar Nazar Abbas to submit a written reply explaining why he had removed the case from the cause list.The judge emphasized that the case, tied to Article 191A, holds great importance, especially regarding the powers granted by the Practice and Procedure Committee and the 26th Constitutional Amendment.
The court further clarified that the case is relevant not only to the authority of the benches but also to legal proceedings involving the powers of judicial authorities.Justice Mansoor Ali Shah also remarked that the court would allow anyone wishing to assist, particularly those involved in challenging the 26th Constitutional Amendment, to contribute.
Conclusion: Key Legal Questions Remain
As the case progresses, critical questions remain about the jurisdiction of the bench, the authority of committees to shift cases, and the implications of the 26th Constitutional Amendment. The Supreme Court’s examination of these issues will likely set a significant legal precedent regarding the powers of benches and committees in the judicial process.
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