‘Amend constitution to end ad hoc appointments’

SCBA looks to parliament, says it does not want a confrontation with the Supreme Court

LAHORE: The recommendations of the Judicial Commission on Judges’ Appointment for appointment of two ad hoc judges of the Supreme Court and Islamabad High Court were mired in controversy after the Supreme Court Bar Association of Pakistan termed the move illegal and unconstitutional.

The judicial commission, headed by Chief Justice of Pakistan Anwar Zaheer Jamali, had recommeon December 2 had recommended names of two former judges (Tariq Pervez and Khilji Arif Hussain) as ad hoc judges of the Supreme Court for a year.

The commission had also recommended appointment of Mohsin Kiyani and Aurangzeb Khan as additional judges of the Islamabad High Court.

Last week, the SCBA called for a constitutional amendment to end ad hoc appointments in the judiciary.



Addressing a press conference, SCBA president Syed Ali Zafar said appointment of ad hoc judges could not ensure independence of the judiciary.

“The impression ad hoc judges will ease the burden on the courts is wrong,” he said. He said the number of confirmed judges should be increased if courts were overburdened.

He said the Constitution of Pakistan had provision for ad hoc appointments but this provision had been misused. He said the recent ad hoc appointments in the Supreme Court were decided on personal likes and dislikes.

Zafar said the SCBA did not want a confrontation with the judiciary. “We want the parliament to amend Article 182 of the Constitution that allows ad hoc appointment of judges,” he said.

He said the SCBA would protest in front of the parliament if ad hoc appointments were not ended.

Afghan refugees

The Supreme Court last week dismissed Punjab government’s appeal against bail granted to three Afghan refugees.

A deputy prosecutor told the court that the Afghan citizens were accused of staying in Pakistan using forged documents.  He said Habibullah, Yaseen and Roohullah had been living in Rajanpur. Police had arrested them under the Foreigners Act. He said the trial court had released the suspects on bail ignoring the record produced by the police.

The prosecutor said the suspects had been misusing bail concessions and avoiding appearance in court. He asked the apex court to set aside the bail granted to them. However, the suspects, present in the court, denied the allegation and said they had missed not a single hearing.

The bench, headed by Chief Justice of Pakistan Anwar Zaheer Jamali, dismissed the appeal and directed the trial court to conclude the trial within three months.

Published in The Express Tribune, December 7^th,  2015.