PTI calls on JCP members to reject appointment of ad hoc judges

ISLAMABAD: In an open letter on Friday, the Pakistan Tehreek-e-Insaf (PTI) has urged the Judicial Commission of Pakistan (JCP) to reject the proposal of appointing ad hoc judges to the Supreme Court.

The PTI has been vocal about its reservations regarding the appointment of ad hoc judges, alleging that the move is aimed at the Supreme Court's reserved seats verdict that declared the party eligible for the seats reserved for women and minorities.  

On the other hand, the government has defended the decision, arguing that it is within the legal framework.

The JCP was about to consider the appointment of four ad hoc judges — Sardar Tariq Masood, Mushir Alam, Maqbool Baqar, Mazhar Alam Miankhel — for a three-year term.

However, Baqar, Alam and Miankhel have declined the offer.

While Alam cited post-retirement philanthropic commitments as the reason behind his rejection to the offer, Baqar mentioned "personal reasons" for his decision, refuting the criticisms against the ad hoc judges' appointments.

In his letter to the JCP members, Ayub said that he has "great concern" at the recent proposal to appoint as many as four ad hoc judges in the Supreme Court for a period of three years.

Ayub noted that he was writing the letter as the matter of the appointment was not being presented before the parliament's committee, therefore, PTI lawmakers did not have a platform to voice their concerns.

"This is particularly so since the Opposition in the National Assembly and Senate, which may otherwise have had an opportunity of presenting its perspective in the Parliamentary Committee in the matter of appointment of judges, would not have any other opportunity of presenting its view in the matter of appointment of ad hoc judges."

In such a serious matter as the appointment of judges, Ayub said, there should not be any room to give any impression that the appointment of ad hoc judges in the Supreme Court is an attempt to affect the balance of opinions on judicial matters in the apex court against one political party.

Regrettably, he said, the timing of the proposal for appointment of ad hoc judges, their proposed term of office, the number of judges sought to be appointed, and the arbitrary manner of their selection creates such a perception.

"This is damaging to the standing of the Supreme Court in society, in which we are all stakeholders, and which must at all times be seen to be above the political fray," the leader of the opposition in the NA said.

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

Moving on, he said that the timing of the proposal for the appointment of four ad hoc judges by the CJP is also of serious concern as the proposal seems to have been floated on the very same day (i.e. July 12) that the full court announced an order in the matter of reserved seats in favour of the PTI by a majority of 8-5 (i.e. a margin of three judges).

"It is also of great concern that there is no transparent criteria by which the names of the judges proposed for appointment has been selected. It may be noted that other retired judges of the Supreme Court who fulfil the criteria stated in the Constitution have not been proposed."

"Therefore, I would strongly urge the Chairman and the members of the JCP to reject the proposed appointment of ad hoc judges to the Supreme Court as that may cause perceptions to arise in the public of attempts to influence and affect the independence of the judiciary."