ISLAMABAD: The Senate Standing Committee on Law and Justice approved on Tuesday a constitution amendment bill seeking to bar appointment of ad hoc judges in the Supreme Court.

The bill, tabled by former law minister of Pakistan People’s Party (PPP) Babar Awan on Jan 11, was passed by the committee despite its opposition by the government.

Besides committee’s chairman Javed Abbasi, Saleem Zia was the only member from the ruling PML-N who was present in the meeting which was attended by Leader of Opposition in the Senate Chaudhry Aitzaz Ahsan, Babar Awan and Saeed Ghani — all from the PPP.

However, even Mr Zia did not oppose the bill and the chairman formally announced recommendation by the committee that the bill might be passed by the house in the present form.

Through the private member’s bill, the PPP senator has sought “omission” of Article 182 of the Constitution, which gives powers to the chief justice of Pakistan to appoint ad hoc judges at any time.

Article 182 of the Constitution states: “If at any time it is not possible for want of quorum of judges of the Supreme Court to hold or continue any sitting of the court, or for any other reason it is necessary to increase temporarily the number of judges of the Supreme Court, the chief justice of Pakistan (in consultation with the Judicial Commission as provided in Clause 2 of Article 175-A) may in writing with the approval of the president” appoint ad hoc judges.

“The Statement of Objects and Reasons” attached to the bill states that “ad hocism in higher judiciary has negative impact over dispensation of justice as well as independence of the judicature. The fate of the people may be left over at the discretion of ad hoc judges, having vested interests including that of their continuation in the office”.

At present, the bill says, “the highest lawyers’ representative bodies — Pakistan Bar Council, Supreme Court Bar Association and provincial bar councils — have shown concern and strong reservations over the appointment of ad hoc judges”.

“The legal fraternity understands this invades and transgresses upon independence of bar and takes away the right of senior lawyers who under the constitution can be appointed in the higher judiciary, including the apex court,” says the draft of the proposed law.

Special Assistant to Prime Minister on Law Barrister Zafarullah Khan was of the view that the provision of the appointment of ad hoc judges should remain there to fulfil requirements of the judges from time to time. He also said that the Supreme Court itself, through a judgment in the judges’ case, had put certain limitations on the process.

However, Babar Awan and Chaudhry Aitzaz Ahsan argued in support of the bill.

The committee deferred consideration of another bill, titled the Supreme Court (Number of Judges) (Amendment) Act, 2016, till next meeting. The bill calls for at least one-third representation of female judges, one each from four provinces, Islamabad and Federally Administrated Tribal Areas (Fata), in the Supreme Court.

The committee members decided to invite members of bar council in the next meeting to get their opinion on the matter.

The bill for women representation in the apex court was also introduced by Mr Babar Awan.

Meanwhile, the committee did not take up the Contempt of Court (Amendment) Act, 2016, following its withdrawal by mover Senator Farhatullah Babar of the PPP.

Talking to Dawn, Mr Babar said that he had withdrawn the bill because he wanted to revise and re-submit it

with some addition. The bill has sought the right to appeal in contempt of court cases.

Published in Dawn, June 1st, 2016