Tarar defends ad hoc judges appointment, plan to ban PTI

ISLAMABAD/LAHORE: Federal Minister for Law and Justice Azam Nazeer Tarar has put his weight behind the recent government plan to impose a ban on the Pakistan Tehreek-e-Insaf (PTI) and Judicial Commission of Pakistan’s (JCP) proposal to appoint retired jurists in the Supreme Court as ad hoc judges, saying the country’s Constitution allows such appointments.

Expressing his opinion in a statement on Thursday, the federal minister defended the JCP’s proposal, saying the ad hoc judges should be appointed.

The issue of invoking Article 6 against PTI leaders could be brought before parliament for debate, he added. “There is a genuine case of Article 6 against PTI leaders as Constitution was violated by dissolving the National Assembly in the presence of a no-confidence motion.”

Chief Justice of Pakistan (CJP) Qazi Faez Isa had nominated four judges — Justice (retd) Mushir Alam, Justice (retd) Maqbool Baqar, Justice (retd) Mazhar Alam Miankhel and Justice (retd) Sardar Tariq Masood — as ad hoc judges in the Supreme Court. While Justice Mushir refused to be appointed as an ad hoc judges, Justice Baqar also declined the offer.

Talking to Geo News, Justice Baqar said he was deciding against becoming an ad hoc judge due to “personal reasons”. However, he mentioned that the appointment of ad hoc judges to the apex court is in line with the law and criticism is baseless.

The JCP, chaired by CJP Isa, is set to meet tomorrow (Friday) to consider the appointment of four retired apex court judges, according to the official note which describes the high pendency of cases as the reason for appointment of ad hoc judges.

Earlier Thursday, PTI Secretary-General Omar Ayub Khan, in conversation with journalists in Islamabad, said that hiring three or four judges won’t address the issue of thousands of pending cases. “The motive behind the move is to appoint ‘like-minded’ judges to the Supreme Court. Political workers and lawyers’ fraternity reject the move,” Ayub, who is also the Leader of the Opposition in the National Assembly, said.

In the same statement, Law Minister Tarar dismissed reports about an extension in the tenure of CJP Isa, saying that the debate about the extension in the tenure of government employees arose because of the high pension bill. He further said that in late April or early May, there was a meeting with the Chief Justice regarding the Judicial Commission, and the CJP said that he was not interested in extending his tenure.

Meanwhile, the PTI has decided to approach the Supreme Judicial Council (SJC) on the appointment of ad hoc judges.

Talking to the media after the joint meeting of PTI and Sunni Ittehad Council (SIC), PTI Chairman Barrister Gohar Ali Khan announced the decisions taken during the meeting. He termed the decision to ban the PTI a countdown to the departure of the government and said that PTI would remain a patriotic party. He announced the submission of affidavits of 37 members of the National Assembly to the Election Commission and called upon the electoral body to issue an immediate notification. He also emphasized that it was the constitutional responsibility of the Chief Justice to get the decision on the reserved seats implemented.

Gohar said that bringing four ad hoc judges together was dangerous for an independent judiciary. This is not the time to take such decisions.

In a joint parliamentary party meeting, the PTI and the Sunni Ittehad Council rejected the government’s plan to ban PTI and initiate proceedings against Imran Khan under Article 6, demanding that the very article should be applied against those who had been flouting the Constitution and breaking laws during the past two years instead.

The two parties also devised a joint strategy in this regard.

The participants said that the decision to impose a ban on the country’s most popular political party was a contempt of SC as it aimed at depriving the PTI of the reserved seats. Demanding action against the chief election commissioner and other members of the electoral body, they highlighted several evidences of alleged rigging, including the “confession” of former commissioner Rawalpindi Liaquat Chatta, who accused the CEC.

They insisted that action should be taken under Article 6 against all persons who had criminally facilitated the delay to hold general election beyond the 90 days constitutional limits and February 8 polls robbery. The forum strongly condemned the ill-treatment of PTI Vice Chairman and former foreign minister Shah Mahmood Qureshi while shifting him to Lahore.

During a chat with journalists after the joint meeting, Leader of Opposition in National Assembly Omar Ayub said, “Our coalition party colleagues have done a symbolic march, as NAB arrested Bushra Bibi again in false cases. Chief Justice is requested not to hear our cases.” He contended that there are talks of banning the PTI but ‘no one’ can ban the party as it is the largest political party and most people voted for it.

Shibli Faraz claimed after the Supreme Court verdict, the ruling party is in a state of turmoil.

Meanwhile, PTI senior lawyer Shoaib Shaheen said at a press conference, “According to the Constitution, appointments can be made only in the absence of judges, now the number of judges is complete, so this move is unconstitutional and illegal. Isn’t mocking the decision of the Supreme Court contempt of court?” he asked.

Meanwhile, Pakistan Bar Council (PBC) has demanded of the federal government to amend the Constitution and establish a constitutional court in the country which will only hear constitutional and political cases and decide them.

According to a press release issued by secretary PBC here on Thursday, with this initiative of the federal government, a lot of precious time of judges of the Supreme Court, which is spent in hearing political cases, will be saved and cases of common people who cannot be heard due to political cases will be heard quickly. The press release further stated that decisions can be made quickly, this will give the common man immediate justice and restore his confidence in the court.

It was further stated that members of Pakistan Bar Council, Khyber Pakhtunkhwa and Punjab Bar Councils met Chief Justice of Pakistan Qazi Faiz Isa and requested him that due to political cases in the Supreme Court, the cases of ordinary citizens are not being heard, so under Article 182 of the Constitution, temporary judges should be appointed so that cases of common people are also fixed for hearing and benches should be formed permanently in the Supreme Court registries so that cases there should be heard.

Meanwhile, Pakistan Tehreek-e-Insaf (PTI) leader and lawyer Hamid Khan criticised recruitment of ad hoc judges, saying that the black coats have always defended the judiciary against outside intrusion.

“After the decision of the Supreme Court, the government has lost its senses. The number of judges in the Supreme Court is complete, and there is no room for ad hoc judges,” he said while addressing an important press conference in Lahore High Court (LHC).

Lahore High Court Bar Association (LHCBA) President Asad Manzoor Butt and other lawyers were present. Hamid Khan opposed the proposal for hiring four ad hoc judges. He termed government’s intention to ban the PTI as an act of a defeated government established on form 47. He said that the lawyers had always condemned recruitment of judges. In the last ten years, the ad hoc judges were not recruited. “If the number of judges is less, only then ad hoc judges are appointed,” he said, adding that the appointment of ad hoc judges, therefore, is unconstitutional.

Hamid said Some hidden hands are behind this move as people are not openly talking about such an illegal act.

Member of the National Assembly Sardar Latif Khan Khosa said that whenever there is an invasion against the bar or the judiciary, the black coat has come to the fore. After the decision of the Supreme Court, the government has lost its senses.