JCP approves Justice Tariq and Justice Mazhar as ad-hoc SC judges

ISLAMABAD – The Pakistan Law Commission (JCP) on Friday approved the names of Justice (retired) Sardar Tariq Masood and Justice (retired) Mazhar Alam Khan Miankhel as ad-hoc judges of the Supreme Court for one year, sources said.

The JCP meeting, chaired by Chief Justice of Pakistan/Chairman of the Commission Qazi Faez Isa, and attended by four senior judges and a retired Supreme Court judge, the Federal Minister of Law, the Attorney General of Pakistan and a representative of the Pakistan Bar Council, took place at the Supreme Court premises.

According to the sources, Justice Munib Akhtar did not agree with the appointment of Justice (retired) Tariq and Justice Mazhar as ad-hoc judges. According to them, there was no need for ad-hoc judges.

However, the JCP approved the name of Justice Tariq by a majority of 8-1, while the name of Justice Mazhar was recommended by 6-3 members. Justice Syed Mansoor Ali Shah and Justice Yahya Afridi opposed his nomination, saying that the former judge had already refused. However, the six JCP members said that Justice Mazhar had earlier consented to his appointment as an ad-hoc judge. They further said that his consent will be sought again, the sources said.

The Commission did not discuss the names of Justice (retired) Mushir Alam and Justice (retired) Maqbool Baqir as they have already rejected the offer.

Justice Maqbool had initially favoured the appointment as an ad-hoc judge but withdrew it on Thursday, citing personal and domestic reasons. Justice Mushir Alam had also expressed regret to Justice Qazi Faez Isa in his letter to the Chairman JCP dated July 16, and expressed disappointment over the social media campaign that emerged after the SC Registrar’s letter to the JCP members regarding the appointment of retired judges as ad-hoc judges, as a major reason for his decision.

CJP Qazi Faez Isa has nominated four retired judges – Mushir Alam, Mazhar Alam Miankhel, Maqbool Baqar and Sardar Tariq Masood – for appointment as ad-hoc judges in the Supreme Court, in view of the SC Registrar’s note to reduce the pending cases in the high court.

According to the Registrar’s note, given the pending cases and the ever increasing trend of filing cases in the Supreme Court, it would be an effective way to ensure that more cases are decided than filed and to reduce and hopefully eliminate the number of cases that have been pending for years. It would be appropriate to appoint experienced judges as ad hoc judges of the Supreme Court.”

“Such ad hoc judges can only be appointed if less than three years have elapsed since their retirement. Fortunately, we have a number of very experienced judges with excellent reputations who can be appointed,” the report said.

According to Article 182 of the Constitution, an ad hoc judge has the same power and jurisdiction as a judge of the Supreme Court.