Despite significant criticism from various lawyers’ groups and political parties, the Judicial Commission of Pakistan (JCP) has approved the appointment of two retired Supreme Court judges as ad hoc judges for a one-year term. The decision, finalized during a JCP meeting presided over by Chief Justice of Pakistan Qazi Faez Isa, saw Justice (retired) Sardar Tariq Masood and Justice (retired) Mazhar Alam Miankhel being approved by majority votes of 8 to 1 and 6 to 3, respectively.
The process was contentious, with Justice Miankhel initially expressing reluctance due to a social media campaign against him. However, government sources later confirmed his consent following the JCP’s approval. Opposition within the JCP was evident, as some members argued that pressure from social media could compromise his ability to serve effectively.
The appointments have raised several questions and concerns. Justice Munib Akhtar highlighted legal objections, arguing that ad hoc judges effectively hold the status of permanent judges, which contradicts the intended temporary nature outlined in Article 182 of the Constitution. Discussions also touched on the financial entitlements of the ad hoc judges, debating whether they should receive both salary and pension. The JCP noted that the Constitution does not clearly address this issue.
The decision has sparked protests from the High Court Bar Associations and District Bar Association, who argue that there is no urgent need for such appointments and that senior high court judges should have been elevated to the Supreme Court instead. The Pakistan Bar Council (PBC) has also announced plans to challenge the appointments, citing concerns over potential judicial crises. The bar associations have announced protests across Pakistan to oppose the JCP’s decision, emphasizing the need for transparency and adherence to constitutional provisions.
