Judicial Chaos: Supreme Court Removes Registrar

The Supreme Court of Pakistan removed the registrar for committing mistakes in case listing.

On Tuesday, the apex court removed an additional registrar from his designation due to his negligence in case listing. The additional registrar mistakenly listed a constitutional case in front of the regular bench. However, the regular bench requested to review his decision. Despite requests from the regular bench, the SC committee led by Chief Justice Yahya Afridi did not reverse its decision to withdraw the case.

Case overview:

Justice Mansoor Ali Shah leading a three-member regular bench, including Justice Ayesha Malik and Aqeel Abbasi, was hearing constitutional cases. These cases majorly challenge the Custom Act, 060. On January 17, the apex court committee transferred these cases to the Constitutional bench. The regular bench judges, however, showed their anger at the decision. They issued a notice to the registrar and Supreme Court committee.

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Judges demand compliance:

The regular bench stressed that administrative orders should not be overpowered over judicial jurisdiction. The failure to follow judicial orders resultantly undermines the judiciary’s integrity. That is why they requested the SC office to follow their earlier directive to hear the case. The regular bench highlighted the importance of transparency, public trust and judicial independence.

Supreme Court’s explanation over registrar’s removal:

The regular bench stressed that administrative orders should not be overpowered over judicial jurisdiction. The failure to follow judicial orders resultantly undermines the judiciary’s integrity. That is why they requested the SC office to follow their earlier directive to hear the case. The regular bench highlighted the importance of transparency, public trust and judicial independence.

Questions over Administrative powers:

The regular bench was displeased with the SC’s decision to transfer the case to the constitutional bench. The regular bench questioned the Supreme Court regarding the decision. The regular bench also asked for the sudden removal of Justice Ayesha Malik from the three-member bench. 

The other two Judges showed their concern over administrative interference in the judicial affairs. They said that such involvement challenges judicial independence.

Legal expert’s criticism: 

The well-known legal experts analyzed the situation and criticized it. Barrister Asad Rahim Khan showed his dissatisfaction with the Supreme Court’s approach. He said the delay in hearing the petitions challenged the 26th Amendment. Moreover, the SC’s approach undermined the judicial authority. 

Former Additional Attorney General Tariq Mahmood Khokhar former Additional Attorney General declared the present situation worse even than the 1997 attack on the Supreme Court. He proclaimed that such a situation is a halt on fair jurisdiction that creates division within the institution.

Constitutional bench under scrutiny:

The Apex Court has now scheduled the case’s hearing challenging the 26th constitution amendment on 27th January. Khokhar pointed out that judges’ jurisdiction and authority are being limited. He, however, argued that administrative decisions are overriding judges’ jurisdiction. Khokhar called the official a scapegoat for decisions made by senior judiciary members. He emphasized that holding a middle-ranking official accountable ignores the broader systemic issues.