SC withdraws show-cause for contempt against Additional Registrar

ISLAMABAD
The Supreme Court withdrew the contempt notice against Additional Registrar (Judicial) Nazar Abbas wherein referred the matter to Chief Justice of Pakistan (CJP) Justice Yahya Afridi for constitution of full court on the powers of committees that decide to fix cases before benches.
Announcing a 20-page verdict in the matter, two members bench of the Justices Mansoor Ali Shah and Justice Aqeel Ahmed Abbasi said, “We find that he [Additional Registrar (Judicial)] did not deliberately avoid the fixation of the cases before the bench as directed in the court order [….] The show-cause notice issued against him for contempt proceeding is discharged,”.
The case is concerned with the legal conundrum arising out of erred fixing of cases — which included a challenge to the vires of Custom Act 1969 — by Additional Registrar (Judicial) Nazar Abbas, who wrongly fixed cases meant for the Supreme Court’s constitutional bench instead of a regular one.
During the subsequent hearings, it was revealed that the case was not fixed for hearing and was, instead, later transferred to the constitutional bench, after which the two-member bench comprising Justice Shah and Justice Aqeel Ahmed Abbasi issued a show-cause notice to Abbas.
Announcing the verdict, the Bench accepted the additional registrar’s argument — submitted before the court in his reply to the show-cause notice — that he had no authority to constitute the bench of judges and at most inform the competent authority, which he did in a timely manner.
“Upon examining the case of the present alleged contemner, the Additional Registrar (Judicial) of this Court, we find that he did not deliberately avoid the fixation of the cases before the Bench as directed in the court order.
“There is no evidence to suggest that he had any personal interest in the matter or had connived with any of the parties to the case, nor did he act with the intention of causing damage to any of the parties to the case. There is no indication of mala fide intent in his actions,” stated in the verdict.