JCP approves two former judges in ad hoc capacity for SC

ISLAMABAD – On Friday, the Judicial Commission of Pakistan (JCP) approved the appointment of two retired judges in an ad hoc capacity, presumably to help clear the highest court’s backlog of cases.

Chief Justice Qazi Faez Isa presided over the meeting on Friday, which authorized the appointment of Justices Mazhar Alam Miankhel and Sardar Tariq Masood as ad hoc members of the Supreme Court for a one-year term.

The name of Justice Masood was adopted with an 8-1 majority vote. Justice Munib Akhtar, a member of the commission, rejected his appointment on technical grounds.

Senior Puisne Judge Syed Mansoor Ali Shah, Justice Munib Akhtar, and Justice Yahya Afridi all opposed Justice Miankhel’s appointment.

According to Justice Akhtar, these retired justices were senior members of the top judiciary, and it appeared incongruous for them to sit with lesser judges in a junior position on the bench.

Chief Justice of Pakistan Qazi Faez Isa suggested Mushir Alam, Maqbool Baqar, Mazhar Alam Miankhel, and Sardar Tariq Masood for ad hoc judge positions.

However, retired Justices Mushir Alam, Maqbool Baqar, and Mazhar Alam Miankhel turned down the offer.

In contrast, Tariq Masood accepted to serve as an ad hoc judge on the Supreme Court.

After initially declining the offer, Justice Miankhel eventually accepted it.

Senior Puisne Judge Syed Mansoor Ali Shah, Justice Munib Akhtar, and Justice Yahya Afridi all opposed Justice Miankhel’s appointment.

According to insiders, the appointment of an ad hoc judge is intended to lessen the weight of ongoing cases in the supreme court. A retired judge may be appointed as an ad hoc judge for three years.

PTI CHALLENGE MOVE

The Pakistan Tehreek-e-Insaf (PTI) has declared that it will petition the Supreme Judicial Council (SJC) to protest the appointment of ad hoc justices to the supreme court, describing the move as “tantamount to denouncing the freedom of judiciary”.

The government defends its decision.

Minister for Law Azam Nazeer Tarar, on the other hand, backed the appointment of ad hoc judges, claiming that the constitution allowed it and that they are appointed by the Judicial Commission of Pakistan rather than the Chief Justice.