ISLAMABAD – The Judicial Commission of Pakistan (JCP) is set to convene today to address the appointment of ad hoc judges to the Supreme Court, following the refusal of two senior judges to accept the role.
The situation emerged when retired Justice Maqbool Baqar declined an offer to serve as an ad hoc judge on the Supreme Court for a three-year term. His refusal came after retired Justice Mushir Alam also turned down a similar offer. These rejections have prompted the JCP to take urgent action to fill the vacancies and address the backlog of cases.
Chief Justice Qazi Faez Isa will lead the JCP meeting, which aims to consider the appointments of former judges Mushir Alam, Maqbool Baqar, Mazhar Alam Miankhel, and Sardar Tariq Masood as ad hoc judges. Reports indicate that former judges Sardar Tariq Masood and Mazhar Alam have accepted the offer so far.
The Bar Council has issued a statement noting that members from Khyber Pakhtunkhwa (KP) and Punjab recently met with the Chief Justice to request the Supreme Court to invoke Article 182(a)(b) of the Constitution. This article allows for the appointment of ad hoc judges to help clear the backlog of cases, which has become a significant issue in the judicial system.
The legal fraternity in Pakistan appears divided on this matter. PTI Senator Hamid Khan, a prominent leader of the Professional Group, has criticized the proposed appointments, arguing that they are unnecessary and unconstitutional given that the Supreme Court already has its full complement of judges. He contends that the existing number of judges should be sufficient to handle the caseload without resorting to ad hoc appointments.
The decision to appoint ad hoc judges has significant implications for the functioning of Pakistan’s judicial system. With a substantial backlog of cases causing delays in justice, the JCP’s decision today could help alleviate some of the pressures on the Supreme Court. However, the debate over the constitutionality and necessity of these appointments continues to stir controversy within the legal community.
As the JCP meets to make its decision, all eyes will be on the outcome and its potential impact on the efficiency and effectiveness of Pakistan’s highest court. The move to appoint ad hoc judges, while intended to address immediate needs, also raises questions about long-term solutions to judicial delays and the balance of power within the country’s legal framework.
