ISLAMABAD: As the incumbent Chief Justice Asif Saeed Khosa is all set to doff his robes on Dec 21, the law ministry on Friday moved a summary, seeking Prime Minister Imran Khan’s approval for the elevation of senior puisne judge Justice Gulzar Ahmed as the top adjudicator of the country.

When he is sworn into the prestigious office, Justice Ahmed, who enjoys the reputation of being one of the most honest and courteous judges in the judiciary, will be the 27th Chief Justice of Pakistan to serve till Feb 21, 2022.

The law ministry’s move to send the summary for the premier’s approval has laid to rest the swirling speculation that the federal government intends to enhance the retirement age of Supreme Court judges from the existing 65 to 68 years.

The speculation gained traction in bar rooms and gatherings as part of the recent electioneering of the Supreme Court Bar Association after two parliamentarians of the ruling Pakistan Tehreek-i-Insaf — Fakhar Imam and Amjad Khan Niazi — moved a private bill before the National Assembly seeking to increase the retirement age of SC judges to 68 years.

Justice Gulzar to succeed Chief Justice Khosa next month

The bill, which was later referred to the relevant NA standing committee for a threadbare discussion on it but is still pending with it, was aimed at SC judges’ retirement age and not that of the high court judges.

The idea set alarm bells ringing for superior court judges, while some senior lawyers feared that the attempt was in fact a bait and others questioned its possibility without first amending Article 179 of the Constitution for which the help of at least two major opposition parties — Pakistan Muslim League-Nawaz and the Pakistan Peoples Party — would be needed.

While talking to Dawn, Pakistan Bar Council vice chairman Syed Amjad Shah said: “We are opposed to the concept of extensions, be it for the army chief or for the judges.” He said the bar councils believed that this concept negated the rule of law and the strengthening of the democratic institutions.

The legal fraternity believes that the next chief justice will steer the superior judiciary out of controversies and add to the prestige of the institution.

Justice Ahmed, who was part of the five-judge bench that disqualified former premier Nawaz Sharif in the Panama Papers case, is also a member of the Supreme Judicial Council (SJC) and the Judicial Commission of Pakistan.

He is known for strict actions during suo motu proceedings regarding Karachi as a result of which massive anti-encroachment and cleanliness drive was launched by the metropolitan authorities though it also created some consternation among the people. Under Article 184(3) of the Constitution, the Supreme Court enjoys the inherent jurisdiction to directly entertain public interest litigation for the enforcement of fundamental rights if breached or by taking suo motu notice whenever certain important issues are brought to its notice.

After Justice Ahmed, Justice Umar Ata Bandial will be next to become chief justice with 19 months of service till Aug 16, 2023. Justice Qazi Faez Isa will replace Justice Bandial to serve for more than a year till Oct 25, 2024.

Then Justice Ijazul Ahsan will become the head of the Supreme Court for 10 months till Aug 4, 2025, while Justice Mansoor Ali Shah will become the chief justice to serve for two years until Nov 26, 2027.

Then Justice Munib Akhtar will be elevated to the prestigious position. He will serve for more than a year till Dec 13, 2028 to be replaced by Justice Yahya Afridi who will remain in the top office for over a year until Jan 22, 2030.

Justice Ahmed was born on Feb 2, 1957, at Karachi in the family of distinguished lawyer Noor Mohammad and did his early education from Gulistan School, Karachi. He obtained BA Degree from Government National College, Karachi and LLB Degree from S.M. Law College, Karachi. He was enrolled as an advocate on Jan 18, 1986 and as an advocate of the High Court on April 4, 1988 and then as an advocate of the Supreme Court on Sept 15, 2001.

He was also elected as Honorary Secretary of the Sindh High Court Bar Association for the year 1999-2000 and had practised mainly on the civil corporate side and remained legal adviser of various multinational and local companies, banks and financial institutions.

He became judge of the SHC on Aug 27, 2002. He also remained member of the Board of Governors, Institute of Business and Technology, NED University of Engineering and Technology, Sir Syed University of Engineering and Technology, Iqra University, Ahmed E.H. Jaffer Foundation and Aga Khan University.

Justice Ahmed was notified as chairman of the disciplinary tribunal of Pakistan Bar Council and enrolment committee of the PBC. He was also notified as member of the building committee of the Supreme Court of Pakistan and senior member of committee for Law Clerkship Programme also as the judge in charge of Administration of the Supreme Court Establishment.

Published in Dawn, November 23rd, 2019