JCP nominates Tariq Masood and Mazhar Alam as ad hoc SC judges

ISLAMABAD: The Pakistan Law Commission (JCP) on Friday recommended the appointment of two retired judges – Justice Sardar Tariq Masood and Justice Mazhar Alam Khan Miankhel – as ad hoc judges in the Supreme Court for a period of one year.

A JCP meeting was held here at the SC, chaired by Chief Justice of Pakistan (CJP) Qazi Faez Isa, the chairman of the commission. The meeting was attended by eight other members of the commission, including four senior SC judges — Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Aminuddin Khan, Justice Yahya Afridi — and a retired judge Justice Maqbool Ahmed Malik, Attorney General Mansoor Usman Awan, Law Minister Azam Nazir Tarar and Akhtar Hussain, a representative of Pakistan Bar Council.

Speaking on Geo News program Naya Pakistan hosted by Shahzad Iqbal, JCP member Akhtar Hussain told Shahzad Iqbal Justice (retd) Mazhar Alam Khan Miankhel, in his WhatsApp message, that he had refused to become an ad hoc judge to avoid getting embroiled in any political controversy. Akthar said that the committee, however, had recommended his name for appointment and advised the CJP to contact him to seek his consent.

Akhtar Hussain said that Justice Muneeb Akhtar raised a technical objection to the ad hoc appointments, referring to Article 182, and said that the appointment is to attend the hearing. Akhtar said that according to Justice Muneeb, the persons nominated are senior judges who have retired, but in case of appointment as ad hoc judges, they will have to sit with junior judges.

Earlier, Chief Justice Qazi Faez Isa had nominated four retired judges, including Justice Sardar Tariq Masood, Justice Mushir Alam, Justice Maqbool Baqar and Justice Mazhar Alam Khan Miankhel, for appointment as ad hoc judges to reduce the workload of cases pending in the Supreme Court.

Justice Mushir Alam Khan retired on August 17, 2021, Justice Maqbool Baqar on April 4, 2022, Justice Mazhar Alam Khan Miankhel on July 13, 2022 and Justice Sardar Tariq Masood retired on March 10, 2024.

The committee has approved by a majority of 8-1 the appointment of Justice Sardar Tariq Masood as an ad hoc judge of the Supreme Court for a period of one year.

Justice Mansoor Ali Shah and Justice Yahya Afridi also opposed the appointment of Justice (retired) Mazhar Alam Khan Miankhel, saying he had already rejected the offer and therefore his name would not be considered for the post.

The committee approved the appointment of Justice (retd) Mazhar Alam Khan Miankhel as an ad hoc judge of the Supreme Court by a majority of 6-3. News Desk adds: Pakistan Tehreek-e-Insaf (PTI) on Friday asked the Judicial Commission of Pakistan (JCP) to reject a proposal to appoint ad hoc judges to the Supreme Court, saying it could raise concerns over the independence of the judiciary.

In his letter to the JCP members, senior PTI leader and leader of the opposition in the National Assembly, Omar Ayub Khan, said he was “deeply concerned” over the recent proposal to appoint four ad hoc judges to the SC for a period of three years. He noted that he wrote the letter as the issue of appointment was not placed before the parliamentary committee; hence, the PTI lawmakers had no platform to voice their concerns.

“This is particularly true since the opposition in the National Assembly and the Senate, which might otherwise have had the opportunity to present its position in the parliamentary committee on the issue, would not have had another opportunity to present its position on the appointment of ad hoc judges.”

In such a serious issue as the appointment of judges, Omar said, there should be no room to create the impression that the appointment of ad hoc judges to the Supreme Court is an attempt to influence the balance of opinions on legal matters in the high court to the detriment of one political party.

Unfortunately, he said, the timing of the proposal for the appointment of ad hoc judges, the proposed term of office, the number of judges to be appointed and the arbitrary manner in which they were selected created this image.

“This is detrimental to the position of the Supreme Court in society, which we all have an interest in and which must at all times be above political struggle,” said the leader of the opposition in the NA.

He also noted that since the judges are appointed for three years and the CJP himself is retiring in October, it would be better if the next highest judge decides on such issues.

He further said that the timing of the proposal for appointment of four ad hoc judges by the CJP also raises serious concerns as the proposal appears to have been filed on the same day (July 12) as the day on which the full court decided on the reserved seats in favour of the PTI by a majority of 8-5 (that is, a margin of three judges).

“It is also very worrying that there are no transparent criteria on the basis of which the names of the judges nominated for appointment have been selected. It may be noted that other retired judges of the Supreme Court, who meet the criteria laid down in the Constitution, have not been nominated.

“I would therefore urge the Chairman and members of the JCP to reject the proposed appointment of ad hoc judges to the Supreme Court as this may give the public the impression that attempts have been made to influence and undermine the independence of the judiciary.”