SLAMABAD: Supreme Court Justice Ayesha A. Malik on Monday recused herself from hearing a case related to the constitutional validity of Section 221-A of the Customs Act.
Justice Malik informed the court she would provide her reasons for stepping aside in a separate statement.
The case was taken up by an eight-member constitutional bench, headed by Justice Aminuddin Khan, to hear appeals concerning the controversial provision. Justice Malik remarked, “I cannot hear this case,” to which Justice Muhammad Ali Mazhar responded, “That’s fine, you may give your reasons.”
During the hearing, the Attorney General requested a one-week adjournment to allow time for preparation. Meanwhile, Barrister Salahuddin, one of the legal counsels, highlighted ongoing disputes surrounding Section 221-A, including a previous order regarding the provision’s authority. He also requested an early hearing for the related Dewan Motors case to address pressing issues.
Justice Aminuddin Khan assured the court would resume proceedings on Tuesday, January 30, to continue deliberations.
The case has drawn attention for its implications on customs regulations and administrative practices in Pakistan. Section 221-A has faced scrutiny over its constitutional standing, with the outcome expected to have a broader impact on the enforcement of customs laws.
Justice Malik’s decision to recuse herself adds a new dimension to the case, with the bench set to proceed without her involvement.
Separately, a division bench comprising Justice Syed Mansoor Ali Shah and Justice Aqeel Abbasi is set to announce its verdict today in a contempt case involving an additional registrar of the court. The ruling follows hearings conducted earlier this month, with the verdict scheduled for 9:30 am.
In another case, a six-member bench will hear Additional Registrar Nazar Abbas’s intra-court appeal against a show-cause notice issued by the Justice Shah-led bench. Both matters are expected to shape the day’s proceedings in the Supreme Court.
