ISLAMABAD: The Supreme Court of Pakistan removed Additional Registrar (Judicial) Nazar Abbas on Tuesday over a serious lapse involving the improper scheduling of cases. The apex court directed the Registrar to review internal procedures to prevent future mistakes.
The controversy stems from the scheduling of cases related to challenges against the Customs Act of 1969. Specific constitutional petitions—CPLA Nos 836-K to 887-K, 951-K, 1056-K of 2020, and others—were erroneously placed before a Regular Bench rather than the Constitutional Bench. This mismanagement wasted judicial resources and delayed proceedings, according to a press release from the Public Relations Department of the Supreme Court.
Mismanagement and Judicial Response
The cases, which also questioned the constitutionality of Section 11A(2) of the Customs Act, were heard by a Regular Bench on January 13, 2025. However, the jurisdiction of the bench was challenged, and the cases were adjourned until January 16. The oversight prompted the Judicial Branch to seek clarification under the Supreme Court (Practice and Procedure) Act, 2023.
A Regular Committee, chaired by the Chief Justice, convened on January 17. It ruled that cases requiring constitutional review must be handled by the Constitutional Bench Committee, as stipulated by Article 191A of the Constitution. The committee ordered the reallocation of the affected cases to the proper bench.
The Supreme Court also instructed the Registrar to ensure due diligence and expedite case scrutiny to avoid future scheduling errors.
Independence of Judiciary at Stake
The issue escalated during contempt proceedings against Nazar Abbas, where Justices Syed Mansoor Ali Shah and Aqeel Ahmed Abbasi expressed concerns over administrative interference in judicial matters. Justice Mansoor questioned whether withdrawing cases from regular benches based on committee decisions undermined judicial independence, stating:
“If cases are withdrawn to avoid decisions unfavorable to the government, it compromises the judiciary’s autonomy.”
Justice Aqeel remarked that continuous procedural errors indicated systemic flaws rather than isolated mistakes.
Broader Implications
The Supreme Court appointed senior advocates Hamid Khan and Munir A Malik as amici curiae to assist in clarifying the committee’s authority to withdraw cases from a regular bench. Notices were also issued to the Attorney General for Pakistan.
Constitutional Bench to Hear Major Cases
The Constitutional Bench, comprising eight judges, will convene on January 27, 2025, to hear cases challenging the 26th Constitutional Amendment and other constitutional matters.
Calls for Reform
The incident has prompted calls for stricter adherence to judicial orders and a review of the Supreme Court’s administrative mechanisms. A joint letter from Justices Mansoor, Ayesha A Malik, and Aqeel Abbasi to Chief Justice Yahya Afridi criticized the failure to implement court directives. The judges emphasized that non-compliance with judicial orders undermines public trust in the judiciary and violates constitutional principles.
Conclusion
The removal of the Additional Registrar highlights the critical need for effective administrative oversight within Pakistan’s highest court. As the judiciary grapples with internal challenges, the balance between judicial autonomy and administrative accountability remains under scrutiny.