Pakistan

Ad-hoc judges: Asma for govt action against extensions

SCBA, PBC convey concerns on ad-hocism in judiciary to the chief justice.

Qaiser Zulfiqar February 19, 2011

ISLAMABAD: President Supreme Court Bar Association (SCBA) Asma Jahangir and vice-chairman Pakistan Bar Council (PBC) Latif Afridi conveyed their reservations to Chief Justice Iftikhar Muhammad Chaudhry regarding the ad-hoc reappointment of Justice Khalilur Rehman Ramday and Justice (Retd) Rahmat Hussain Jaffery to the Supreme Court of Pakistan on Friday.

Talking to the media later, Jahangir said she would urge the government to use its power to block the appointment of ad-hoc judges.

She hoped that both the retired judges would excuse themselves and not take oath as ad-hoc judges, otherwise the government would wield its influence.

“If the government had appointed ad-hoc judges, it would have been accused of doing so to further its own objectives,” Jahangir said, adding the SCBA wanted to eliminate ad-hocism in the judiciary and therefore they were opposed to the judges’ reappointment.

She said they did not meet the chief justice to conclude a deal but to present the lawyers’ point of view regarding judges’ ad-hoc appointment.

PBC executive committee, in a unanimous resolution on Thursday, maintained that the move to re-appoint Justice Ramday, who retired on February 17, and Justice Jaffery, who retired a few months ago, in a full-court meeting, in violation of article 182 of the Constitution amended under the 19th Amendment, was unprecedented.

It may be added here that a full court meeting under the chairmanship of Chief Justice Iftikhar Muhammad Chaudhry on February 14 passed a resolution for a one-year extension in Justice Ramday’s term as well as for the appointment of Justice (retd) Rahmat Hussain Jafferey as an ad-hoc judge.

The Supreme Court subsequently cancelled the full court reference in honour of Justice Ramday on the eve of his retirement on February 17.

According to article 182 of the constitution as amended in the 19th amendment, if an ad-hoc judge is appointed within three years of his retirement, the chief justice would have to send the proposal to the president with binding effect after consulting the judicial commission only.

Published in The Express Tribune, February 19^th, 2011.

COMMENTS (5)

Saqib | 13 years ago | Reply The legal fraternity is extremely depressed and profoundly demoralized over the passing of a resolution in a full court meeting of the Supreme Court judges to appoint two retired judges of the apex court as ad hoc judges. The appointment of ad hoc judges militates against the concept of independence of the judiciary, as permanency in appointments is the most important and vital ingredient. The lawyers’ community that labored hard and made sacrifices for the independence of the judiciary is extremely unhappy as ad hoc appointments in the apex court are not in consonance with this principle. If the honorable Supreme Court feels that on account of backlog or pressure of work, or in the wider interest of the institution more judges are required, this can be done by increasing the sanctioned strength of the Supreme Court judges through an ordinance, later to be made an act of parliament.

saleem muhammad | 13 years ago | Reply Asma's stand is a principled stand.