ISLAMABAD: After retired Justice Maqbool Baqar also turned down the offer to become an ad hoc judge of the Supreme Court for three years, members of the Pakistan Bar Council (PBC) appreciated the Judicial Commission of Pakistan’s (JCP) move to appoint ad hoc judges to dispense a backlog of cases.

Justice Baqar is the second former judge who has declined to accept the offer, after retired Justice Mushir Alam.

Headed by CJP Qazi Faez Isa, the JCP will meet today (Friday) to consider the appointment of former judges, namely Mushir Alam, Maqbool Baqar, Mazhar Alam Miankhel, and Sardar Tariq Masood as ad hoc judges.

So far, only ex-judges Sardar Tariq Masood and Mazhar Alam have conveyed their willingness to accept the offer.

Maqbool Baqar declines offer; PBC appreciates move; Hamid Khan-led bloc opposes plan

On Thursday, a statement issued by the PBC suggested that some members from the Khyber Pakhtunkhwa and Punjab had met the CJP recently to request that the Supreme Court should invoke Article 182(a)(b) of the Constitution and appoint ad hoc judges in the Supreme Court to clear the backlog of cases in the court.

These members whose names have not been mentioned in the statement though issued with the signatures of the PBC secretary, stated that ordinary litigants suffer due to the hearing of political cases. The statement said that the CJP, while accepting their request, has called the meeting of the JCP on Friday to appoint retired judges as ad hoc judges in the Supreme Court. These members have also requested the federal government to constitute a constitutional court by amending the Constitution and assigning such a court the task of taking up only constitutional and political cases.

Meanwhile, a lawyer from Lahore, Wasif Majeed, wrote a letter to the CJP stating that the proposed appointments would be in violation of Articles 179 and 182 of the Constitution.

The letter said the combined reading of Article 195, 182 (a) and 179 of the Constitution leads to the conclusion that a judge of a high court, within three years of her/his retirement, until he attains the age of 65 years may be appointed as ad hoc judge of the Supreme Court under Article 182 (a) of the Constitution, provided, she/he will hold office of the apex court for the term of her/his ad hoc appointment or until she/he attains the age of 65 years, whichever comes earlier. It will be contrary to Article 179 of the Constitution to appoint any person as a judge of the Supreme Court, who has already attained the retiring age of 65 years.

Lawyers divided

The two traditionally political rival groups of Pakistan’s legal fraternity – the Professional and the Independent – are divided on the appointment of ad hoc judges in the Supreme Court. PTI Senator Hamid Khan, who heads the Professional group, has criticised the proposed appointment of ad hoc judges, stating that it was not a good decision.

The Lahore High Court Bar Association, which is at present ruled by a president belonging to the Professional group, supports the stance of the group’s head.

On the other hand, the Punjab Bar Council’s Vice Chairman Kamran Bashir Mughal and Executive Committee Chairman Imran Akram Bodla, who belong to the Independent group, welcomed the decision to appoint ad hoc judges in the apex court.

They said members of the Pakistan Bar Council, the Khyber Pakhtunkhwa and Punjab bar councils had requested Chief Justice Qazi Faez Isa to appoint ad hoc judges in the SC under Article 182-A of the Constitution so the cases of the litigant public could be decided without delay.

They said the bar members had complained to the chief justice about the inordinate delay in the common people’s cases due to prolonged hearings of political cases in the SC. They hoped that the induction of ad hoc judges in the apex court would help clear the backlog of cases.

Speaking at a press conference, Senator Hamid Khan said ad hoc judges were appointed only when the number of judges in the Supreme Court was not complete.

He said the appointment of ad hoc judges had always been condemned by lawyers and that no ad hoc judges had been appointed in the last ten years. He said the appointment of ad hoc judges was unconstitutional. He pointed out that the number of judges in the Supreme Court was complete, and there was no need for ad hoc judges.

PBC member Ishtiaq A. Khan said the government had already appointed retired people everywhere. He claimed that the majority decision in the reserved seats case was made against the chief justice, and efforts were being made to change it by appointing ad hoc judges. He said the members of the Judicial Commission should end this project as it would lead to anarchy in the country.

LHCBA President Asad Manzoor Butt said lawyers were deeply concerned about the appointment of ad hoc judges, suggesting that it was an attempt to change decisions on specific seats through these appointments.

Wajih Ahmad Sheikh in Lahore also contributed to this report

Published in Dawn, July 19th, 2024