In a major development, the appointment of two ad hoc judges to the Supreme Court — Justice (retd) Tariq Masood and Justice (retd) Mazhar Alam Miankhel — was approved by the Judicial Commission of Pakistan (JCP) on Friday.
The development came after the JCP meeting headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa held earlier today to discuss the appointment of retired judges to the apex court in a bid to reduce pendency of the cases.
It may be noted that Justice (retd) Miankhel had declined an offer to become an ad hoc judge of the Supreme Court "due to personal reasons", sources said ahead of the JCP huddle earlier today.
He was the third judge to turn down the proposal.
Before him Justice (retd) Mushir Alam and Justice (retd) Maqbool Baqar had also refused appointment as ad hoc judges, which the apex court said were needed to clear a backlog of cases.
The sources said Justice Mansoor Ali Shah, Justice Muneeb Akhtar and Justice Yahya Afridi opposed the appointment of Justice (retd) Miankhel as the former judge had already declined the offer.
However, his appointment was approved by a 6:3 majority and now it is up to the former judge that he accepts the offer or maintains previous his stance, they added.
Meanwhile, Justice (retd) Masood's appointment was approved by 8:1 majority, with Justice Akhtar in opposition, the insiders added.
It is also pertinent to mention that the former ruling party — Pakistan Tehreek-e-Insaf (PTI) — had asked the JCP to turn down a proposal to hire ad hoc judges, saying the appointment would compromise the independence of the judiciary.
The PTI has been raising concerns over the appointment of ad hoc judges, claiming that the move is aimed at targeting the party, while the government has supported the decision, saying it falls under the ambit of law.
In a letter to the JCP members earlier today, PTI's Omar Ayub said that he has "great concern" at the recent proposal to appoint ad hoc judges.
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.
However, Minister for Law and Justice Azam Nazeer Tarar put his weight behind the appointment of the retired jurists in the Supreme Court as ad hoc judges, saying that the country's Constitution allows such appointments.
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