ISLAMABAD – The unanimous approval of Chief Justice Iftikhar Muhammad Chaudhry’s proposal by the full court meeting on Monday to request Justice Khalilur Rahmman Ramday and Justice Rahmat Hussain Jaffery to rejoin the bench as ad-hoc judges has triggered a new controversy with major political parties, except the PML-N.
The parties, as well as the Supreme Court Bar Association (SCBA), have expressed reservations and condemned the decision. “The SCBA strongly condemns the ad hoc appointments of Supreme Court judges, because the same negates the verdict of the Supreme Court of Pakistan itself,” a three-line press release issued by the SCBA said.
However, SCBA President Asma Jehangir took a milder position than the SCBA press release. “I do not condemn it. I disagree with the method with which the resolution was passed by the full court seeking reappointment of SC judges on an ad-hoc basis. I do not say that the passage of the resolution is unconstitutional, but it is also not mentioned in the constitution,” Asma said while talking to Pakistan Today.
Former SCBA president Justice (r) Tariq Mehmood said the passage of a resolution by the full court was an unusual act, which should have not happened. “The principle recently laid down by the apex court regarding appointments on contractual basis should be applied by the court to itself also,” he said. Information Minister Firdous Ashiq Awan said the SC verdict against contractual appointments should be implemented in all institutions. PML-Q Senator SM Zafar said the judges’ strength was complete and hence the apex court had no problems in constituting benches.
“Therefore, there is no need for appointing ad-hoc judges.” PML-N Senator Zafar Ali Shah said there was no harm in reappointing SC judges on ad-hoc basis as it was being practised under a constitutional provision. “The extensions which are being given to government employees cannot be compared with the reappointment of judges in the superior judiciary on ad-hoc basis, as the former is constitutionally disallowed,” he added.
ANP Senator Haji Adeel said the passage of a resolution by SC judges was strange. “The matter should have been discussed and decided by the JCP which is the constitutional forum to do so and colleague judges voting in favour of retiring judges is not a good step,” he added. Jamaat-e-Islami (JI) Senator Professor Khurshid Ahmed said although there was constitutional provision to appoint ad hoc judges, the Supreme Court should “set high moral example”, as it was opposing appointments or extensions to government servants on contract basis.
“There is no doubt that the workload has increased but the cases can be disposed of by making small benches,” he said.MQM’s Farooq Sattar said he was unable to comment on the issue as he lacked information regarding technicalities of the subject.
