JCP proposes Tariq Masood, Mazhar Alam as ad hoc SC judges

ISLAMABAD: The Judicial Commission of Pakistan (JCP) Friday recommended appointment of two retired judges -- Justice Sardar Tariq Masood and Justice Mazhar Alam Khan Miankhel -- as ad hoc judges to the Supreme Court for a period of one year.

A JCP meeting was held here at the SC, chaired by Chief Justice of Pakistan (CJP) Qazi Faez Isa being the chairman of the Commission. The meeting was attended by eight other members of the commission, including four senior SC judges -- Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Aminuddin Khan, Justice Yahya Afridi -- and a retired judge Justice Maqbool Ahmed Malik, Attorney General Mansoor Usman Awan, Law Minister Azam Nazir Tarar as well as Akhtar Hussain, a representative of Pakistan Bar Council.

Speaking Geo News programme Naya Pakistan hosted by Shahzad Iqbal, JCP member Akhtar Hussain told Shahzad Iqbal Justice (retd) Mazhar Alam Khan Miankhel, in his whatsapp message, had declined to become an ad hoc judge to avoid getting caught in political controversy. Akthar said the commission, however, recommended his name for appointment, advising the CJP to contact him to seek his consent.

Akhtar Hussain said that Justice Muneeb Akhtar raised technical objection to the ad hoc appointments citing Article 182, saying that the appointment is for attending the sitting. Akhtar said that, according to Justice Muneeb, the nominated persons are senior judges who retired, but in case of appointment as ad hoc judge, they will have to sit with junior judges.

Earlier, Chief Justice Qazi Faez Isa had nominated four retired judges including Justice Sardar Tariq Masood, Justice Mushir Alam, Justice Maqbool Baqar and Justice Mazhar Alam Khan Miankhel for their appointment as the ad hoc judges for lessening the load of cases pending before the apex court.

Justice Mushir Alam Khan got retired on August 17, 2021, Justice Maqbool Baqar on April 4, 2022, Justice Mazhar Alam Khan Miankhel on July 13, 2022 and Justice Sardar Tariq Masood was retired on March 10, 2024.

The commission approved the appointment of Justice Sardar Tariq Masood by 8-1 majority as ad hoc judge of the SC for a period of one year.

Similarly, Justice Mansoor Ali Shah and Justice Yahya Afridi opposed the appointment of Justice (retd) Mazhar Alam Khan Miankhel to the extent that as he had already declined to the offer, hence his name should not be considered for the post.

The commission, by a majority 6-3, approved the appointment of Justice (retd) Mazhar Alam Khan Miankhel as ad hoc judge of the SC. News Desk adds: Pakistan Tehreek-e-Insaf (PTI) Friday asked the Judicial Commission of Pakistan (JCP) to turn down a proposal of hiring ad hoc judges to the Supreme Court, as it might create concerns about judiciary’s independence.

In his letter to the JCP members, PTI senior leader and the opposition leader in the National Assembly, Omar Ayub Khan, said he had “great concern” at the recent proposal to appoint four ad hoc judges to the SC for a period of three years. He noted that he was writing the letter as the matter of the appointment was not being presented before the parliament’s committee; therefore, the 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 on the matter, would not have any other opportunity of presenting its viewpoint on the matter of appointment of ad hoc judges.”

In such a serious matter as the appointment of judges, Omar said, there should not be any room to give any impression that the appointment of ad hoc judges to 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 created 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.”