ispensation of justice means delivering justice fairly and promptly by following the due process of law. Expeditious dispensation of justice is the prime obligation of the state. Article 37(d) of the constitution provides that the state shall ensure inexpensive and expeditious justice.

However, there is a large pendency and the judges cannot be blamed it. Increasing the number of judges in the Supreme Court of Pakistan requires an act of the parliament (Article 176 of the constitution). The five high courts and many special tribunals are regularly hearing cases and rendering judgments, many out of which are brought before the Supreme Court of Pakistan in appeal or leave to appeal for redressal of their grievances.

Maintaining the confidence and trust of the general public in the Judiciary requires that the number of judges of the Supreme Court be increased to make the case load manageable so that the litigants do not have to suffer unduly.

An effort was recently made by the chief justice of Pakistan to provide them some relief by recommending the appointment of four ad hoc judges in the Supreme Court for three years. However, following criticism of the move on social media, three of the four nominees have regretfully declined the offer.

Appointment of ad hoc judges is a remedial action. Unlike permanent judges, these are appointed for a particular purpose and period only. They contribute to the expeditious dispensation of justice by reducing the delay.

Ad hoc is a Latin term meaning ‘for this situation.’ In English, it is used for a special or immediate purpose without previous planning.

Ad hoc judges are appointed in the Supreme Court by the Supreme Judicial Council and not by the chief justice as per the mandate of Article 182 read with Article 175-A of the constitution. Under Article 182 of the constitution ad hoc appointments are made at any time for completing the quorum of the judges of the Supreme Court to hold any sitting of the court or for any other reason and the number of judges is increased temporarily. Ad hoc judges have the same powers and jurisdiction as other judges of the supreme court. No distinction is made between ad hoc and permanent judges in terms of the performance of their functions and exercise of authority.

Ad hoc judges cannot be appointed against a permanent vacancy. They are appointed temporally to cater for a particular or special situation. They are not a substitute for filling a permanent vacancy.

A judge of the high court can also be appointed as an ad hoc judge of the Supreme Court and shall have the same power, functions and jurisdiction as exercised by a regular judge of the Supreme Court. They can continue to be a judge of the high court during that time.

Ad hoc appointments are made with the sole purpose of easing the case load, and to relieve the suffering of the litigating public. Currently, 59,000 cases are pending adjudication in the Supreme Court of Pakistan.

At the time of ad hoc appointments, reputation of the judges and their experience are taken into consideration.

Appointment of ad hoc judges is not unprecedented. To date, a total of 23 judges have been appointed as ad hoc judges. The first such judge was Justice SA Rabbani in 1955; the most recent appointment is Justice Sardar Tariq Masood.

Article 181 of the constitution also provides for the appointment of acting judges of the Supreme Court. An acting judge is appointed when the office of a judge of the supreme court is vacant or a judge is absent or unable to perform the functions of his office.

Article 127, read with Article 224 A of the Indian constitution, provides for the appointment of ad hoc judges in the Supreme Court of India. Ad hoc judges have also been appointed in the International Court of Justice and the European Court on Human Rights.

An increase in the number of judges through ad hoc appointments can help in the expeditious dispensation of justice. It has been argued that a delay amounts to a denial of justice to the convicts, many of whom are acquitted after spending long years in prison.

The writer is an advocate of the Supreme Court of Pakistan based in Peshawar. He has an LLM in constitutional law