Following the enactment of contentious 26th Constitutional Amendment, the Senate Standing Committee on Law and Justice has agreed to raise the sanctioned strength of Supreme Court judges to 25, including the Chief Justice of Pakistan, in order to clear the backlog of cases.
The meeting, presided over by Senator Farooq H Naek, agreed to increase the number of SC judges despite strong opposition from the Pakistan Tehreek-e-Insaf (PTI) and Jamiat-Ulema-e-Islam Fazl (JUI-F).
During the committee's meeting, the former ruling party and JUI-F lawmakers strongly opposed the decision, with PTI Senator Hamid Khan saying that they have strong reservations over such legislation. “Such a method to appoint SC judges is an attack on judicial independence,” he said.
JUI-F Senator Kamran Murtaza, in a statement, said the legislation was meant to appoint “favourite judges” in the top court. “After Oct 25, the judges are working in a smooth manner […] There is no need to increase the sanctioned strength,” he added.
However, Pakistan People’s Party (PPP) Senator Shahadat Awan emphasised the need to raise the number SC judges to at least 21.
Speaking to Geo News, Pakistan Muslim League-Nawaz (PML-N) Senator Khalil Tahir said that Senator Abdul Qadir had presented the private member bill, seeking increased SC judges’ strength.
During the meeting, he said, the majority of members of the Senate Standing Committee supported enhancing the number to 25 for “speedy justice”.
He pointed out that more than 60,000 cases were pending in the apex court, while also stressed the need to increase number of judges in the high courts.
On the other hand, JUI-F Senator Murtaza said that he and PTI’s Hamid opposed the bill, adding that the bill is an attack on “independent judiciary”.
He asked the government not to change the principles, which he says, will give the impression of appointing favourite judges.
“By introducing such legislation, you [the government] are trying to further intensify division [in the judiciary]," he said.
Recently, a full court meeting — chaired by newly-appointed CJP Yahya Afridi — was informed that 59,191 cases were currently pending in the apex court.
Earlier in September, an independent senator from Balochistan, Mohammad Abdul Qadir tabled a bill in Upper House of Parliament, seeking an amendment to the Supreme Court (Number of Judges) Act, 1997 to increase the number of top court judges to 20 sans the chief justice.
He sought the increase in the number of top court judges from 17 to 21 as "more than 53,000 cases" pending in the apex court.
Federal Minister for Law and Justice Azam Nazeer Tarar also backed the legislation and suggested forwarding the new bill to the relevant committee.
Tarar, while addressing the Senate session, endorsed the points raised by Senator Qadir, saying several cases pertaining to capital punishments still awaiting verdicts since 2015. "A person spent 34 years in jail due to a pending appeal before the top court," he added.
It is noteworthy to mention here that in a bid to reduce pendency of the cases, two retired judges — Justice (retd) Tariq Masood and Justice (retd) Mazhar Alam Miankhel — had been appointed as ad hoc judges to the apex court for a period of one year in July.
Meanwhile, it was reported that the government has decided to defer the introduction of a key bill — seeking to amend the Supreme Court (number of Judges) (Amendment) Bill, 2024 — in National Assembly.
The bill is now likely to be taken up by the House on the private members day on upcoming Tuesday.
PML-N MNA Danyal Chaudhry will move the bill as a private member and the same will be supported by members on treasury benches.
The proposed legislation which requires a simple majority to sail through the House will seek an increase in the number of judges of the Supreme Court of Pakistan.
The development came as the ruling coalition continues to bring reforms in the country’s judicial structure with the latest being the 26th Constitutional Amendment — which changed the procedure for the appointment of the CJP, fixed the post's tenure, and formed constitutional benches.
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