ISLAMABAD – A constitutional petition, challenging the new procedure for appointments of SC ad-hoc judges under the 19th Amendment Act 2010 was filed in the Supreme Court on Tuesday.
The petition was filed by Shahid Orakzai under Article 184(3) of the Constitution, making the federal law secretary and the attorney general respondents.
The petitioner prayed to the court to order abolition of the new procedure, contending it was insulting for former judges of the apex court.
The petitioner stated that Clause 5 of the 19th Amendment Act which recommends changes in the procedure for appointments of ad-hoc judges of the Supreme Court was contrary to the Constitution. He prayed to the court to fix the petition before a full bench.
He further prayed to the court to declare Clause 5 of the 19th Amendment Act ultra vires of the constitution. He asked the court to rule that if the credentials of a former judge of the Supreme Court could be re-examined by the Judicial Commission or any parliamentary committee.
Under the 19th Amendment, he said, the CJP was to be consulted by the Judicial Commission members – the federal law minister and the attorney general.
Orakzai contended the latest amendment to Article 182 had failed to appreciate the basic difference between ad-hoc judges and acting judges. “Although the word ‘temporarily’ is common to both the articles, an ad-hoc judge has nothing to do with a vacancy in the Supreme Court nor does he leave when a permanent judge resumes his function,” the petitioner said.
